2013 (11) TMI 1344 - AT - Central Excise

Charging of duty on accessories Brought into factory and cleared with the air heaters, treating them as essential parts of a complete air-heater Waiver of Pre-deposit Held that - Whether air heater with the accessories becomes an air-heating system and emerges at the factory as a finished excisable goods, be considered at the time of disposal of the Appeal, after appreciation of the evidences adduced by both sides - Prima facie there was no merit in the submission of the Consultant that air heating system emerges only at the site as the nomenclature, Air-Heating System does not appear in any of the documents, namely, Central Excise Invoices, Purchase Orders etc - the Applicant failed to make out a prima facie case in their favour for total waiver of the dues assessee directed to deposit 25% of the duty as pre-deposit upon such submission rest of the duty to be stayed till the disposal Partial stay granted.

Summary

Issues:
1. Waiver of predeposit of duty and penalty under Central Excise Act, 1944.
2. Dispute regarding duty payment on accessories cleared along with air heaters.
3. Existence of air-heating system as excisable goods.
4. Prima facie case for total waiver of dues adjudged.

Analysis:
1. The Applicants sought waiver of predeposit of duty and penalty imposed under the Central Excise Act, 1944. The duty amount in question was Rs.1,00,33,596/- along with an equivalent penalty. The main contention was that the air-heating system did not exist in their factory but emerged only after assembly at the site, making it non-excisable. The Applicants argued that the Department was aware of the brand name affixed to their products, and the affixation of the family name should not be considered as a brand name. The Tribunal noted the submissions but directed the Applicant No.(1) to deposit 25% of the confirmed duty within eight weeks, with the balance dues waived and recovery stayed during the appeal process.

2. The dispute revolved around the duty payment on accessories cleared along with air heaters. The Revenue claimed that these accessories were essential parts of air heaters and thus chargeable to duty on the complete system. The Applicants argued that the air-heating system only emerged at the site after assembly with the duty-paid air heaters, making it non-dutiable. The Tribunal observed that the evidence presented did not conclusively establish the emergence of air-heating systems as excisable goods. While the Applicants relied on a Chartered Engineer's certificate, the absence of a brochure specifically mentioning 'Air-Heating System' weakened their case.

3. The core issue was whether the air-heating system qualified as excisable goods. The Tribunal scrutinized the documents and submissions to determine if the air heaters with accessories transformed into an air-heating system, which would be considered excisable. The Tribunal found that the nomenclature 'Air-Heating System' did not appear in any official documents, such as invoices or purchase orders. The decision on whether the assembled products constituted excisable goods was deferred for consideration during the appeal process, emphasizing the need for further evidence and analysis.

4. Regarding the prima facie case for total waiver of dues adjudged, the Tribunal concluded that the Applicants failed to establish a strong case in their favor. Despite expressing financial hardships, the Tribunal balanced the interests of revenue and the legal principles governing such cases. The Tribunal directed the Applicant No.(1) to make a partial deposit of the confirmed duty amount within a specified timeframe to avoid dismissal of the appeals. The decision aimed to ensure compliance with legal requirements while providing some relief to the Applicant during the ongoing legal proceedings.