2014 (2) TMI 720 - AT - Central Excise

Imported VCD/DVD/Multi Player Sticker Affixing Not 'Manufacture' under Central Excise Act

The Tribunal held that affixing warranty and chassis number stickers on imported VCD/DVD/Multi players did not amount to 'manufacture' under the Central ... Manufacture - labeling or relabeling - packing or repacking - Third Schedule (deemed manufacture) - marketabilityManufacture - labeling or relabeling - Third Schedule (deemed manufacture) - marketability - Whether affixing warranty stickers and chassis-number stickers on fully finished imported VCD/DVD players and multiplayers specified in the Third Schedule amounts to 'manufacture' under Section 2(f)(iii) of the Central Excise Act, 1944. - HELD THAT: - The Tribunal examined the amended definition of 'manufacture' including clause (iii) which treats packing, repacking, labeling, relabeling or adoption of any other treatment for goods in the Third Schedule as manufacture. It found as a factual and legal matter that the imported units were fully finished, bore the appellant's brand and required statutory declarations (including MRP) at the time of customs clearance; there was no repacking from bulk to retail or alteration of the declared retail sale price by the appellants. The only additional actions were quality checks and affixation of warranty and chassis-number stickers after customs clearance. The Tribunal applied established precedents that labeling or relabeling attracts deemed manufacture only when accompanied by repacking from bulk to retail packs or by other treatment that renders goods marketable, and that where goods are marketable before the additional treatment, mere affixation of stickers does not constitute manufacture. Concluding that the impugned activities were limited to pasting warranty/chassis stickers on already marketable, unit-packed goods, the Tribunal held these acts did not satisfy the requirements of clause (iii) and therefore did not amount to manufacture attracting central excise duty. [Paras 11, 12, 13, 14, 15]The activity of affixing warranty and chassis-number stickers on the imported unit-packed products does not amount to 'manufacture' under Section 2(f)(iii); the demand and related orders of the Commissioner are set aside and the appeal is allowed.Final Conclusion: Appeal allowed; the Tribunal held that mere pasting of warranty and chassis-number stickers on fully finished, unit-packed imported VCD/DVD players and multiplayers does not constitute manufacture under Section 2(f)(iii) of the Central Excise Act, 1944, and accordingly set aside the demand and related penalties and orders. Issues:- Whether the processes undertaken by the party amount to manufacture under the Central Excise Act, 1944.- Whether affixing warranty stickers and chassis number stickers on imported VCD/DVD/Multi players constitutes manufacture as per Section 2(f)(iii) of the Central Excise Act, 1944.Analysis:1. The appeal was against an order confirming a demand on the clearance of DVD/VCD Players and Multiplayers, including seizure and redemption fine. The Commissioner held that certain processes undertaken by the party constituted manufacture under the Central Excise Act, 1944.2. The key issue was whether the processes carried out by the party, such as opening packages, quality checks, branding, and repacking, amounted to manufacture. The Commissioner analyzed the definition of 'manufacture' under the Central Excise Act, particularly focusing on the amendment in 2003.3. The Commissioner concluded that the imported DVD/VCD Players and Multiplayers, subject to specific processes in the factory, fell under the definition of 'manufacture' as per the Act, considering the branding and additional features added to the products.4. The party imported goods with their brand name 'Beltek' already affixed, meeting statutory requirements. The issue revolved around whether affixing warranty stickers and chassis number stickers on these imported products constituted manufacture under Section 2(f)(iii) of the Act.5. The Appellants argued that the goods were already marketable before affixing these stickers, citing precedents where labeling or relabeling must be accompanied by other treatments to render goods marketable. They emphasized that the goods were not repacked or relabeled by them.6. The Tribunal examined the contentions and Commissioner's findings, noting that the goods were already branded and cleared by Customs with necessary details. The Tribunal analyzed the Act's provisions on manufacture and labeling, finding no cause to impose duty based solely on affixing warranty and chassis number stickers.7. Considering precedents and the requirement for goods to be marketable even before labeling, the Tribunal held that the activity of affixing warranty and chassis number stickers did not amount to manufacture, as the goods were already packed and labeled at the import stage.8. Ultimately, the Tribunal found no merit in the department's case, setting aside the Commissioner's finding and allowing the appeal.This detailed analysis of the judgment highlights the interpretation of the Central Excise Act, the application of precedents, and the specific circumstances determining whether certain processes constitute 'manufacture' under the law.