Supreme Court - Daily Orders
M/S. Cimmco Birla Ltd. vs Commnr. Of Central Excise, Jaipur on 27 April, 2015
Bench: A.K. Sikri, Rohinton Fali Nariman
ITEM NO.104 COURT NO.11 SECTION III
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Civil Appeal No(s). 8076/2004
M/S. CIMMCO BIRLA LTD. Appellant(s)
VERSUS
COMMNR. OF CENTRAL EXCISE, JAIPUR Respondent(s)
(with appln. (s) for stay)
Date : 27/04/2015 This appeal was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE A.K. SIKRI
HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
For Appellant(s) Ms. Meenakshi Arora,Sr.Adv.
Mr. Prashant Kumar,Adv.
Mr. Mohit D.Ram,Adv.
Mr. Joseph Pookkatt,Adv.for
M/s. Ap & J Chambers,Adv.
For Respondent(s) Mr. Arijit Prasad,Adv.
Mr. B. Krishna Prasad,Adv.
UPON hearing the counsel the Court made the following
O R D E R
The appeal is allowed in terms of the signed order.
(SUMAN WADHWA) (SUMAN JAIN)
AR-cum-PS COURT MASTER
Signed order is placed on the file.
Signature Not Verified Digitally signed by Suman Wadhwa Date: 2015.04.28 15:58:07 IST Reason: IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 8076 OF 2004 M/s. Cimmco Birla Ltd. Appellant(s) VERSUS Commnr. Of Central Excise, Jaipur Respondent(s) O R D E R
The appellant was getting contract for manufacturing of Railway wagons from the Indian Railways. Inputs for manufacture of these wagons were supplied by the Indian Railways, meaning thereby the appellant was only doing job work. Insofar as Railway wagons are concerned, they are exempted form duty w.e.f. 1.3.1993. The only question as to whether the inputs/parts which were used for manufacturing of Railway wagons are to be subjected to excise duty. It is not in dispute that these are intermediate products and captively used and would come within the definition of “manufacture”. However, before these goods could be exigible to the excise duty, it was also incumbent upon the Department to prove that the said parts were marketable. We find that a specific contention was taken by the assessee that the goods in question are not marketable. However, the Department did not lead any evidence to demonstrate that these products are marketable. On this ground alone the present appeal is liable to succeed. -2-
We, thus, set aside the impugned order of the Tribunal which has not even gone to this essential aspect of the matter.
The appeal is accordingly allowed.
….....................J. (A.K.SIKRI) …......................J. (ROHINTON FALI NARIMAN) New Delhi;
Date: 27.4.2015.