2018 (11) TMI 903 - AT - Central Excise

Confiscation - penalties - Process amounting to manufacture or not - manufacture of various types of paper tissues, paper hand towels, paper face tissues etc. by cutting and slitting jumbo rolls of paper - Held that - Admittedly, during the relevant period, there was Supreme Court decision which held that cutting, slitting activities of jumbo rolls into smaller pieces does not amount to manufacture. The subsequent decision, which stands relied upon by the Tribunal in the assessees own case was passed on in 2015, whereas the seizure relates to July, 2014. While upholding that the seized and confiscated goods are required to be cleared on payment of duty, there is no justification for confiscation of the same or for imposition of penalty upon the appellant - appeal allowed.

Summary

Issues:
1. Whether cutting and slitting jumbo rolls of paper into smaller sizes amounts to manufacture?
2. Justifiability of confiscation of goods and imposition of penalties due to non-payment of duty.

Analysis:

*Issue 1: Whether cutting and slitting jumbo rolls of paper into smaller sizes amounts to manufacture?*

The appellant, engaged in manufacturing paper products, believed that cutting and slitting jumbo rolls did not constitute manufacturing based on a Supreme Court decision. However, Central Excise Officers visited their factory, seized goods, and imposed penalties as they viewed the final product as distinct from jumbo rolls, falling under a specific tariff heading. The Asstt. Commissioner's order confiscated goods and imposed penalties, upheld by the Commissioner (Appeals). The appellant argued that during the relevant period, the Supreme Court decision supported their belief, thus no mala fide intent existed. The Tribunal had previously ruled in a similar case that such activities amounted to manufacture, citing a subsequent Supreme Court decision. Despite this, the Tribunal in this case found no justification for confiscation or penalties, as the subsequent Supreme Court decision post-dated the seizure, leading to setting aside of confiscation and penalties.

*Issue 2: Justifiability of confiscation of goods and imposition of penalties due to non-payment of duty*

The Revenue argued that the issue of manufacture had been settled against the appellant in their own case, justifying the confiscation of goods likely to be removed without duty payment. However, the Tribunal noted that the issue of manufacture was settled against the appellant in their case, but the justification for confiscation and penalties needed examination. Given the Supreme Court decision supporting the appellant's belief during the relevant period, the Tribunal found no basis for confiscation or penalties. The Tribunal set aside confiscation and penalties, directing the goods to be cleared upon payment of duty. The appeals were disposed of accordingly.

In conclusion, the Tribunal ruled in favor of the appellant, setting aside confiscation and penalties due to the lack of justification based on the relevant Supreme Court decision during the period of seizure.