2001 (7) TMI 393 - AT - Central Excise

Summary

Issues involved:
1. Challenge to Order-in-Appeal regarding levy of Central Excise duty on molasses storage tank.
2. Test of permanency in the case of molasses storage tanks.
3. Verification of whether the tank was fabricated and erected at the site.

Analysis:
1. The Revenue appealed against Order-in-Appeal No. 48/CE/CHD/2000-D, challenging the levy of Central Excise duty on a molasses storage tank. The Commissioner found the tank to be permanent in nature, thus not subject to duty as goods due to being immovable property. The Commissioner's decision was influenced by the structure being affixed to the earth with an RCC foundation and raised by welding steel plates. The Commissioner also referenced the Elecon Engineering case while passing the order.

2. The appeal highlighted the Department's challenge in the Supreme Court against the Elecon Engineering case decision and argued that the test of permanency was not applicable to molasses storage tanks. During arguments, the Department's representative emphasized the need for verification on whether the tank was fabricated and erected at the site or elsewhere. However, the respondents' counsel contended that records confirmed the tank was erected at the installation site, supported by expert opinion stating the tank's fabrication on the RCC foundation made it immovable.

3. The expert opinion provided detailed insights, affirming the tank's fabrication on the foundation itself, making it inseparable without substantial damage. The respondents' counsel referenced Supreme Court precedents, including the IOC and Triveni Engineering cases, establishing storage tanks as immovable property. The Tribunal concurred that the tank's construction on an RCC foundation rendered it immovable, lacking marketability once dismantled, aligning with the legal principles set by the Supreme Court. Consequently, the Commissioner's decision was upheld, and the Revenue's appeal was dismissed.