2009 (8) TMI 255 - AT - Central Excise

Tribunal Decision on Exemptions and Duty Liability

GABBAR ENGINEERING CO. Versus COMMISSIONER OF C. EX., AHMEDABAD

The Tribunal concluded that non-portable bag closer machines and industrial sewing machines with externally connected motors are eligible for exemption ... Eligibility for exemption under Notification No. 6/2002 dated 1-3-2002 – Industrial sewing machines other than with in-built motor - Appellants are are engaged in the manufacture of industrial sewing machines and bag closer machines and portable bag closer machines etc. - It is noticed from the brochure produced was that in portable bag closer machines, the motor as well as the pulley and V-belt are not at all visible and they form an integral part of the machine. - Coming to the industrial sewing machines and bag closer machines which are not portable, from the brochure we find that motors are separately fitted and connected to the sewing machine by means shaft, V-belt and pulley. – Held that “non portable bag closure machine” and “industrial sewing machine” having externally connected motors and eligible for exemption – Held that “Portable bag closure machine” not eligible for exemption - In the result except for eligibility of portable bag closer machine for exemption under Notification No. 6/2002 and the liability of crank shafts and waste and scrap to duty, all other issues are decided in favour of the appellants with consequential relief. The matter is remanded back to Original Adjudicating Authority for re-determining eligibility for SSI benefit, quantum of duty liability - Further, in view of the fact that the issue involves classification and different interpretations were possible, we do not find fault with the view taken by the appellants that they were eligible for the exemption and therefore they did not need Central Excise Registration. Therefore, penalty imposed on all the appellants is also to be set aside. Issues Involved:1. Eligibility of industrial sewing machines for exemption under Notification No. 6/2002.2. Liability of crank shafts and waste & scrap to excise duty and eligibility for SSI exemption.3. Confiscation of goods cleared without payment of duty.Detailed Analysis:1. Eligibility of Industrial Sewing Machines for Exemption:The primary issue was whether the industrial sewing machines and bag closer machines manufactured by the appellants were eligible for exemption under Notification No. 6/2002, which applies to sewing machines without inbuilt motors. The appellants argued that their machines did not have inbuilt motors and relied on a previous Tribunal decision (Harichand Anand & Co.) and the Central Board of Customs & Excise's stance on similar imported machines. The Tribunal concluded that non-portable bag closer machines and industrial sewing machines with motors connected externally by V-belt and pulley are eligible for the exemption. However, portable bag closer machines, where the motor is integral and not visible, do not qualify for the exemption.2. Liability of Crank Shafts and Waste & Scrap to Excise Duty:The Commissioner held that crank shafts and waste & scrap generated during manufacturing are liable for excise duty. The Tribunal upheld this view, noting that these items, by their nature, are subject to duty. The eligibility for SSI exemption needs reconsideration, especially given the Tribunal's decision on the exemption status of the machines.3. Confiscation of Goods Cleared Without Payment of Duty:The Commissioner upheld the liability for confiscation under Rule-25 of the Central Excise Rules, 2002, for goods cleared without payment of duty. The Tribunal did not explicitly overturn this finding but focused on the broader implications of the eligibility for exemptions and the nature of the products.Penalties and Interest:The Commissioner had imposed penalties under Section 11AC of the Central Excise Act, 1944, and a significant penalty on an individual partner. However, the Tribunal set aside these penalties, acknowledging the complexity of the classification and exemption issues and the appellants' reasonable belief in their eligibility for exemptions.Conclusion and Remand:The Tribunal's final decision upheld the Commissioner's findings on crank shafts and waste & scrap liability but reversed the decision regarding the eligibility of non-portable machines for exemption. The case was remanded to the Original Adjudicating Authority to reassess the eligibility for SSI benefits and the quantum of duty liability in light of the Tribunal's conclusions.