1998 (8) TMI 218 - AT - Central Excise

Appellate Tribunal rules assembly of railway wagons as manufacturing, liable for excise duty

The Appellate Tribunal CEGAT, New Delhi, dismissed the appeal against the Order-in-Appeal rejecting the refund claim for excise duty. The Tribunal ... Wagons - Manufacture Issues:1. Appeal against Order-in-Appeal rejecting refund claim for excise duty.2. Whether assembly of railway wagons amounts to manufacturing a new excisable product.Analysis:1. The appellant filed an appeal against the Order-in-Appeal rejecting their refund claim for excise duty, which was confirmed by the Collector (Appeals). The appellant was aggrieved by the Order-in-Original rejecting the refund claim, leading to the present appeal before the Appellate Tribunal CEGAT, New Delhi.2. The case revolved around the question of whether the assembly of railway wagons by the appellant constituted the manufacturing of a new excisable product. The appellant contended that they only assembled wagons procured in semi-knocked down condition, emphasizing that no new excisable product was created through their assembly work. The appellant referred to various documents, including the original purchase order, which specified the supply of components and sub-assemblies for the wagons, as well as the subsequent amendment of the purchase order detailing the balance components to be supplied by the appellant.3. The documents revealed that the appellant was tasked with supplying components, assembling wagons, painting, testing, and other related activities. It was noted that the appellant had imported wheel sets from abroad and manufactured various components for the wagons. Despite the vague descriptions in the import license and Bill of Entry obtained by BHEL, it was evident that not all components and sub-assemblies of the railway wagons were imported by BHEL. The Tribunal concluded that the assembly work by the appellant resulted in the creation of complete railway wagons, constituting excisable products, thus making the appellant liable to pay excise duty on the assembled wagons.4. The Tribunal found no other contentions presented before them and, based on the analysis of the facts and documents provided, dismissed the appeal. The decision was grounded on the understanding that the assembly of the railway wagons by the appellant led to the manufacture of new excisable products, warranting the payment of excise duty on the assembled wagons.This detailed analysis of the judgment highlights the key issues involved, the arguments presented by the appellant, and the Tribunal's decision based on the interpretation of the facts and legal provisions surrounding the assembly of railway wagons in the case.