1999 (9) TMI 509 - AT - Central Excise

Examining Contract Terms & Testing for Excisability: Technical Requirements & Precedent Precedent

The Tribunal emphasized the importance of examining contract terms and the mandatory nature of testing in determining excisability. The Collector ... Telephone cables - Underground jilly filled telephone cables - Issues:1. Interpretation of excisability of goods subjected to destructive testing.2. Consideration of technical specifications in the manufacturing process.3. Comparison with precedent regarding quality control requirements.Issue 1: Interpretation of excisability of goods subjected to destructive testingThe case involved the manufacturing of underground jilly filled telephone cables, with a requirement to cut and test three meters of cables from each drum. The question arose whether the pieces cut for testing purposes were excisable goods. The Revenue contended that duty was applicable when the cables were formed, and testing should be conducted on excisable goods only. The Tribunal observed that the lower appellate authority failed to consider the contract terms for cable supply and the necessity of quality control testing. The Tribunal set aside the impugned order, emphasizing the importance of examining the contract terms and the mandatory nature of testing in determining excisability.Issue 2: Consideration of technical specifications in the manufacturing processFollowing the Tribunal's direction, the Collector (Appeals) reevaluated the case and concluded that the technical specifications in the purchase order were crucial for determining whether the cables were fully manufactured. It was established that the cables had to conform to technical specifications and be suitable for their intended purpose to be considered fully manufactured. The Collector emphasized that until the technical specifications were met, the manufacturing process could not be deemed complete. The judgment highlighted the significance of meeting technical requirements for excisability.Issue 3: Comparison with precedent regarding quality control requirementsReference was made to a precedent involving cement concrete poles, where quality control testing was deemed mandatory before goods could be considered fully manufactured. Drawing parallels, the Tribunal concluded that quality control testing, which was essentially destructive, was necessary for determining the excisability of the cables. The judgment clarified that the portion of cables used for mandatory quality control testing, which became useless, could not be classified as excisable goods. The Tribunal overturned the Collector's view, emphasizing that no excise duty could be charged on the cables subjected to destructive testing, thereby allowing the appeals with relief to the appellant.