2016 (10) TMI 451 - AT - Central Excise

Testing cigarettes in factory not duty levy; CESTAT ALLAHABAD rules for Manufacturer.

The Appellate Tribunal CESTAT ALLAHABAD held that testing cigarettes within the factory premises for quality control purposes does not amount to removal ... Cigarettes - levy of duty - removal of goods - in house testing - whether the cigarettes drawn from the manufacturing line or the store for the purpose of testing in the in house laboratory which is situated within the factory premises, amounts to removal for the purpose of levy of duty? - Held that: - the decision in the case of Manali Petrochemical Vs. CCE [2003 (12) TMI 177 - CESTAT, CHENNAI] apply, where it was held that where the manufactured goods were used for testing in R&D Lab within the factory compound, the same does not amount to removal for the purpose of levy of duty. No duty payable on the quantity used for testing within the factory, in the R&D Lab of the assessee within the factory premises - appeal allowed - decided in favor of assessee. Issues:1. Whether testing cigarettes drawn from the manufacturing line or store within the factory premises amounts to removal for levy of duty.Analysis:The Appellate Tribunal CESTAT ALLAHABAD addressed the issue of whether testing cigarettes within the factory premises constitutes removal for the purpose of duty levy. The Tribunal referred to a previous case involving Manali Petrochemical where goods were tested in an R&D lab within the factory compound, concluding that such testing does not amount to removal for duty levy purposes. The Tribunal also cited a ruling by the Hon'ble Supreme Court in the case of I.T.C. Ltd. Vs. CCE, Patna, stating that duty is not chargeable on samples used for in-house testing if proper records are maintained. The Tribunal held that no duty is payable on the quantity used for testing within the factory premises. As the facts of the current case aligned with the ruling in Manali Petrochemical, the Tribunal allowed the appeal and set aside the impugned order, granting consequential relief according to law. The decision was dictated and pronounced in open court by the members of the Tribunal.This judgment clarifies that testing cigarettes within the factory premises for quality control purposes does not constitute removal for the purpose of duty levy. The Tribunal emphasized the importance of maintaining proper records for in-house testing to avoid duty charges. By referencing previous rulings and legal precedents, the Tribunal provided a thorough analysis to support its decision in favor of the appellant, a Cigarettes Manufacturer assessee. This case serves as a precedent for similar situations where goods are tested within the factory premises, ensuring clarity on the duty implications of such activities.