2018 (8) TMI 612 - AT - Central Excise

Classification of goods - various bought-out electrical items and accessories - Revenue entertained a view that the assessee-appellant is liable to Central Excise Duty on such BPL kits cleared by them to their clients. - process amounting to manufacture or not. Held that - The appellant-assessee did not undertake any process in the form of assembling the electrical components and accessories which will result in a new identifiable product having a different character or use. The electrical components or switches are mounted on the board before clearance. The goods cleared by the appellant were generically called as BPL Kit. It is apparent that the method of clearance is mandated by the terms of agreement with their clients. There is no standard commercially identifiable item which is available for sale or purchase in the market. In other words there is no BPL Kit commercially known and marketed. The clearances made by the appellant-assessee to the various clients as per their requirement are not any new manufactured product commercially identifiable as BPL Kit. The process of mounting two components/items on the wooden or plastic board would not amount to manufacture - The Revenue did not produce any evidence or did not even assert that these are commercially known and marketed product. The electrical components retained their name character and use and there is no new commercially identifiable product emerging in the present case - the appellants have not manufactured any dutiable item attracting central excise levy during the material time. Appeal allowed - decided in favor of appellant.

Summary

Issues:
Classification of BPL kits under CETH 85371000 for Central Excise Duty liability, interpretation of the term "manufacture," re-categorization of cleared items, applicability of cum-duty-valuation and Cenvat credit, invocation of extended period and penalty imposition.

Detailed Analysis:

1. Classification of BPL Kits: The Revenue contended that the appellant assembled electrical components to manufacture BPL Kits, classifiable under CETH 85371000. However, the Tribunal noted that the appellant did not create a new identifiable product through assembly. The mere mounting of components did not result in a distinct commercial commodity. The absence of evidence showing the creation of a new excisable item led to the rejection of the duty liability.

2. Interpretation of "Manufacture": The term "manufacture" was crucial in determining duty liability. Various legal precedents were cited to define manufacture, emphasizing the emergence of a new, distinct, and marketable product. The Tribunal analyzed the process undertaken by the appellant and concluded that no new commercially identifiable product, such as a "BPL Kit," was manufactured, thereby negating the duty liability.

3. Re-categorization and Valuation: The appellant contested the re-categorization of cleared items and quantification of duty demand. The benefit of cum-duty-valuation and Cenvat credit on duty paid inputs was also raised. The Tribunal examined the categorization and valuation issues, ultimately ruling in favor of the appellant based on the lack of evidence supporting duty imposition.

4. Extended Period and Penalty: The appellant challenged the invocation of the extended period and imposition of penalties, arguing that the issue involved interpretation of statutory provisions, including tariff entries. The Tribunal considered the arguments and found no basis for invoking the extended period or imposing penalties, emphasizing the interpretation of legal provisions in the judgment.

5. Judicial Precedents and Legal Interpretation: The Tribunal referenced various legal judgments to define the scope of "manufacture" and analyze the appellant's activities in light of established legal principles. The application of legal precedents played a significant role in determining the duty liability and classification of the cleared items, providing a comprehensive legal framework for the judgment.

6. Final Decision: Based on the detailed analysis and legal interpretation, the Tribunal allowed both appeals filed by the appellant-Appellants, overturning the duty liability imposed by the original authority. The judgment emphasized the lack of evidence supporting the classification of BPL Kits as dutiable items, highlighting the importance of legal interpretation and precedents in resolving the issues raised in the case.