2007 (9) TMI 104 - AT - Central Excise

The process of assembling of machinery received in a disassembled form its testing and labeling cannot be construed to constitute manufacture Appellant received impugned goods in dismantled condition so only the labeling packing and branding have been carried out

Summary

Issues:
1. Dispute regarding penal liability of appellants.
2. Allegation of engaging in manufacture and clearance of excisable goods without following Central Excise formalities.
3. Failure to adjudicate the dispute afresh as per remand directions.
4. Claim of demand being barred by limitation.
5. Evidence supporting the claim of receiving goods in disassembled condition.
6. Finding of manufacture by the lower authorities.
7. Imposition of duty and penalty on the appellants.

Analysis:

1. The Tribunal dismissed the application for stay and proceeded with the appeal involving a dispute related to penal liability. The original authority confirmed the allegation that the appellants had engaged in manufacturing and clearing excisable goods without following Central Excise formalities, leading to the demand for duty. In the remand proceedings, the focus was on deciding penalties with proper findings.

2. The appellants argued that the lower authorities failed to adjudicate the dispute afresh as directed in the remand. They contended that the demand was time-barred and that they only assembled goods received in disassembled condition. The lower authorities did not independently decide the issue, relying on previous findings.

3. The Tribunal noted that the lower authorities did not provide speaking orders on the penalty issue. The matter was remanded for fresh adjudication, emphasizing the need for a thorough examination and a speaking order on the penalty issue. The Tribunal set aside previous orders and directed the adjudicating authority to decide the matter afresh.

4. The appellants' claim of receiving goods in disassembled condition was supported by evidence, contradicting the finding of manufacture by the lower authorities. The Tribunal found no evidence to sustain the manufacturing claim and concluded that the process of assembling, testing, and labeling did not constitute manufacturing.

5. The Tribunal overturned the impugned order affirming the duty demand and modifying the penalty, ruling that the order was not sustainable. The appeal was allowed, setting aside the impugned order and relieving the appellants of the duty and penalty imposed.

This detailed analysis covers the issues raised in the legal judgment, providing a comprehensive overview of the Tribunal's decision and the arguments presented by the appellants and the authorities involved.