2001 (1) TMI 541 - AT - Central Excise

Summary

Issues Involved:
1. Excisability of armature coils used captively in the repair of armatures.
2. Marketability of armature coils in their unfinished form.
3. Compliance with the remand order based on the RDSO's report.

Detailed Analysis:

1. Excisability of Armature Coils:
The primary issue in both appeals is the excisability of armature coils used by the appellants captively in the repair of armatures sent by the Railways. The appellants contended that these coils, in their incomplete and unfinished form, are not marketable and hence cannot be classified as excisable goods. The Tribunal had previously remanded the matter to the original adjudicating authority for a fresh decision based on the RDSO's report, which concluded that the armature coils in question did not have the essential characteristics of finished armature coils as per Railway specifications.

2. Marketability of Armature Coils:
The appellants argued that the armature coils used in the repair process are not marketable in their current state. They elaborated that these coils undergo a specific process during repair, which includes re-winding, insulation impregnation, and baking at high temperatures, making them an integral part of the repaired armature. They asserted that these coils, once fitted into the armature, cannot be removed without damage and can only be sold as scrap. The appellants also pointed out that the Revenue failed to produce any evidence to demonstrate the marketability of these coils, which is a prerequisite for excisability.

3. Compliance with RDSO's Report:
The Tribunal had directed the Research Design and Standard Organisation (RDSO) to examine the disputed goods. The RDSO's report indicated that the samples of armature coils received were not finished spare coils. The report detailed the necessary characteristics for finished coils, such as dimensional accuracy, insulation, and compaction processes, none of which were present in the samples. The adjudicating authority was bound by this report, which clearly stated that the coils could not be used as spare coils for traction motors, thereby supporting the appellants' claim that these coils were not excisable.

Tribunal's Decision:
The Tribunal found that the appellants consistently maintained that the armature coils used captively were not fully manufactured and marketable. The Tribunal emphasized that the Revenue had not provided evidence of the marketability of these coils, a crucial factor for determining excisability. The RDSO's report, which was pivotal in the Tribunal's earlier remand, clearly indicated that the coils were unfinished and not suitable for use as spare coils. Consequently, the Tribunal held that the armature coils used by the appellants in the repair of armatures were not excisable goods.

Conclusion:
The Tribunal set aside the impugned order and allowed both appeals, granting consequential relief to the appellants. The decision was based on the merits of the case, particularly the lack of marketability of the armature coils in their unfinished form and the binding nature of the RDSO's report. The Tribunal did not express any views on the point of limitation raised by the appellants, as the appeals were allowed on substantive grounds.