2010 (6) TMI 339 - AT - Central Excise

Waiver of pre-deposit - Applicants are getting damaged obsolete duty paid products such as soaps detergent soaps tooth pastes cosmetics and various toiletries from the market and the same were received in their godown - activity undertaken by Applicant does not amount to manufacture Held that - goods which are in retail packing and the same after removing the wrappers are put in containers or sacks and as per chapter notes referred above prima facie the activity does not amount to manufacture - pre-deposit of duty and penalty is waived.

Summary

Issues involved: Application for waiver of pre-deposit of duty and penalty based on the classification of goods under Chapters 33 and 34 of the Tariff and the activity of re-labeling and re-packing by the Applicant.

Analysis:
The case involved an Application for waiver of pre-deposit of duty and penalty amounting to Rs. 77,95,162/- by the Applicant. The demand of duty was confirmed based on the contention that the Applicants were engaged in receiving damaged and obsolete duty paid products like soaps, detergent soaps, toothpastes, cosmetics, and toiletries from the market, removing the original packing containers, and re-packing them in drums or sacks for clearance to customers. The Revenue argued that such activity amounted to manufacture, making the Applicants liable to pay duty as per the classification under Chapters 33 and 34 of the Tariff. On the other hand, the Applicant contended that the activity did not constitute manufacture as per the relevant chapter notes.

The Tribunal analyzed the facts of the case and found that the Applicants received obsolete goods in retail packing, removed the wrappers, and repacked them in containers or sacks. Referring to the chapter notes, the Tribunal concluded that prima facie, the activity did not amount to manufacture. Therefore, the Tribunal ruled in favor of the Applicant, waiving the pre-deposit of duty and penalty. Additionally, the recovery of the same was stayed during the pendency of the Appeal. The judgment was pronounced and dictated in open court by the Vice-President of the Tribunal.

In summary, the Tribunal's decision was based on the interpretation of the relevant chapter notes regarding the classification of goods and the definition of manufacture. The ruling favored the Applicant, concluding that the activity of re-labeling and re-packing the goods did not amount to manufacture as per the provisions, leading to the waiver of the pre-deposit of duty and penalty during the appeal process.