2008 (9) TMI 647 - AT - Central Excise

Summary

Issues:
Whether the process of cutting jumbo paper and PVC rolls to smaller adhesive tapes amounts to manufacture or not.

Analysis:
The appeal was filed against the order confirming the demand of duty and penalty imposed by the Commissioner. The appellants are engaged in the manufacture of self-adhesive tapes of plastic films, paper, and fabrics. The main issue was whether the cutting process constitutes manufacture. Initially, the Revenue believed it did not, leading to a demand for duty recovery. However, previous Tribunal decisions established that such processes could be considered manufacture, settling the matter. The Commissioner's impugned order relied on a previous decision that was overturned by the Tribunal, claiming the processes amounted to manufacture. The appellants had previously informed the Range Superintendent that the cutting process was considered manufacturing. Both parties had taken inconsistent stands on whether the process constituted manufacture.

The Tribunal noted the shifting positions of both the Revenue and the appellants on the issue. The appellants cited relevant case law to support their claim that the cutting process did not amount to manufacture. To resolve the uncertainty, the Tribunal set aside the Commissioner's order and remitted the matter for a fresh decision. It clarified that the previous Tribunal order did not conclusively decide whether the cutting process constituted manufacture. The appeal was allowed for remand, emphasizing the need for a clear resolution of the controversy to dispel doubts.

In conclusion, the Tribunal's decision highlighted the conflicting positions taken by the parties regarding whether the cutting process constituted manufacture. The Tribunal emphasized the importance of resolving the controversy promptly to eliminate uncertainty. The matter was remitted to the Commissioner for a fresh decision, clarifying that the previous Tribunal order did not definitively address the manufacturing aspect of the cutting process.