Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *   CBIC issues draft rules for Customs valuation *  Top Headlines: Threshold for Benami deals, green bond investors, and more *  Govt aims 1-hour clearance for goods at all ports *  Exporters Allowed To Use RoDTEP, RoSCTL Scrips To Pay Customs Duty, Transfer Them; Rules Amended *  Millions of labourers to be affected by brick producers’ strike over hike in GST, coal rates *  Inauguration of ‘kendriya GST parisar’ *  Transporter can seek Release of Conveyance alone, not Goods under GST Act: Madras HC *  GST: Quoting of DIN Mandatory for Responding to Notice, Govt Modifies Portal *  Firms can soon file claims for GST credits of ?400 cr *  CBIC issues modalities for filing transitional credit under GST. *  Mumbai: Man creates 36 fake GST firms, arrested for input tax credit fraud of Rs 23 cr *  Report to restructure Commerce Ministry under study; idea is to set up trade promotion body: Goyal *  Firms can soon file claims for GST credits of ?400 cr *  Gambling Alert! Govt May Levy Up To 28% GST; UP, Bengal Back Move *  EPFO backs raising retirement age to ease pressure on pension funds *  India Moving Up Power Scale, Set to Become Third Largest Economy By 2030 *  Airfares Get Expensive: What Changes for Flyers From Today? *  IRCTC Latest News: Passengers to Pay More For Cancelling Confirmed Rail Tickets Soon. *  IBC prevails over Customs Act, says Supreme Court. *  As GST enters sixth year, a time for evaluation and reassessment *  There’s GST on daily essentials as Centre needs money to buy MLAs: Arvind Kejriwal *  Now, GST on cancellation of confirmed train tickets, hotel bookings *  GST kitty for top States could rise 20% in FY23, says Crisil *  French customs officials seize another cargo vessel over Russia sanctions *  TradeLens builds on Asia momentum with Pakistan Customs deal *  Hike tax on tobacco, reduce affordability & increase revenue: Civil society organizations to GST council *  Bihar: ?10 crore tax evasion on tobacco products detected in raids *  Centre failed on GST, COVID; would it be anti-national? Rajan on Infosys row *  Service Tax not Chargeable on Income Tax TDS portion paid by recipient: CESTAT grants relief to TVS *  Foreign portfolio investors make net investment of Rs 7575cr in Sep so far
Subject News *  Run-up to Budget: Monetary threshold for GST offences may rise to Rs 25 cr *   GST (Tax) E-invoice Must For Businesses With Over Rs 5 Crore Annual Turnover *   Both Central GST and excise duty can be imposed on tobacco, rules Karnataka high court *   CBIC Issues Clarification On Extended Timelines For GST Compliance *   CBIC Issues Clarification On Extended Timelines For GST Compliance *  Budget 2023- 9.6 crore gas connections *  GST: Tamil Nadu Issues Instructions for Assessment and Adjudication Proceedings *  GST: CBIC Extends Last Date for filing of ITC *  GST collection in September surpasses Rs 1.4 lakh crore for straight seventh time *  Dollar smuggling case: Customs chargesheet names M Sivasankar as key conspirator. *  Hike in GST rates fuels inflation *  Assam: CBI arrests GST commissioner in Guwahati *  GST fraud worth ?824cr by 15 insurance Cos detected *  India proposes 15% customs duties on 22 items imported from UK *  Decriminalising certain offences under GST on cards *  Surge in GST collections more due to higher inflation: India Ratings *  MNRE Notifies BCD and Hike in GST Rates as ‘Change in Law’ Events But With a Condition | Mercom India *   Solar projects awarded before customs duty change allowed cost pass-through *  Rajasthan High Court Dismisses Writ Petitions Challenging Levy Of GST On Royalty *   GST revenue in September likely at Rs 1.45 lakh crore *  Govt working on decriminalising certain offences under GST, lower compounding charge *  Building an institution like GST Council takes time, trashing is easy: Sitharaman *  GST collections in Sept may touch ?1.5 lakh crore *  KTR asks Centre to withdraw GST on handlooms *  After Gameskraft, More Online Gaming Startups To Receive GST Tax Claims *  Madras HC: AAR Application Filed Under VAT Does Not Survive After GST Enactment *  Threshold for criminal offences under GST law may be raised *  Bengaluru: Gaming company faces biggest GST notice of Rs 21,000 crore *  CBIC clarifies Classification of Cranes for GST, Customs Duty *  Customs seize gold hidden in bicycle in Kerala airport  

Comments

Print   |    |  Comment

PJ/Case law/2013-14/1915

Whether repacking of imported polymer can be treated as manufacturing activity?

Case:- LSR SPECIALITY OIL PVT LTD V/S THE COMMISSIONER OF CENTRAL EXCISE, BELAPUR
 
 
Citation:- 2013-TIOL-1704-CESTAT-MUM
 
 
Issue:- Whether repacking of imported polymer can be treated as manufacturing activity?
 
 
Brief Facts:- The applicants are engaged in the manufacture of lubricants and chemical additives. The raw material for the manufacture of the final products is polymer. The applicants are importing polymer on payment of appropriate duties. Certain quantities of duty paid imported polymer were cleared after reworking and repacking on the transaction value. The demand is confirmed on the ground that the applicants were clearing the duty paid imported polymer as such, therefore the applicants are liable to reverse the credit availed in respect of such polymer as per the provisions of Rule 3(5) of the Cenvat Credit Rules. The applicants filed these applications for waiver of pre-deposit of duty of Rs.11695872/-, interest and penalties.
 
 
Appellant’s contention:- The appellants contended that the demand is time barred as the demand is for the period February 2007 to October 2011 and show cause notice was issued on 6.3.2012 by invoking extended period of limitation. Their contention is that they were regularly filing statutory monthly returns showing taking of credit as well as payment of duty hence the allegation of suppression with intent evade payment of duty is not sustainable. The applicants, during argument, admitted that the demand for the normal period comes to approximately Rs. 25 lakhs. They further contended that the issue of limitation was specifically taken before the adjudicating authority. However, the adjudicating authority has not given any finding.
 
 
Respondent’s contention:- The Respondent contended that the applicants are importing the polymer by classifying the same under Chapter 39 and after repacking, they were clearing the same by reclassifying under Chapter 38 of the Central Excise Tariff just to take advantage of Chapter Note 10 of Chapter 38 of the Tariff whereby the activity of packing and repacking of the goods classifiable under the Chapter amounts to manufacture. They further submittedthat the applicants never disclosed to them that the applicants were clearing the inputs as such on which credit has been availed rather the applicants in their declaration have shown their final products as lubricants and chemical additives regarding which the applicants were paying appropriate duty. In respect of polymer which is cleared as such, the applicants declared the same as chemical additives just to suppress the material fact that the applicants are clearing imported duty paid polymer as such.
 
 
 
Reasoning of Judgment: - The Hon’ble Tribunal held thatthe admitted facts of the case are that the applicants are importing polymer by classifying the same under Chapter 39 of the Customs Tariff and the same is being cleared as such after repacking. There is no chapter note under Chapter 39 of the Central Excise Tariff to show that repacking amounts to manufacture. The applicants while clearing polymer as such, reclassified the same under Chapter 38 of the Central Excise Tariff. As the applicants are clearing the imported duty paid polymer on which credit has been availed as such, therefore the applicants are liable to reverse the credit availed in respect of polymer. In respect of limitation, they find that the applicants never disclosed to the Revenue regarding their activity that they are clearing polymer as such, rather the applicants have shown in their declaration as chemical additives. The applicants are receiving polymer in metal crates and the polymer is debulked from metal crates into bags and the polymer bags are cleaned, repacked and relabelled. They find that this activity cannot be considered as amounting to manufacture as per the provisions of Section 2(f) of the Central Excise Act. The applicants pleaded financial hardship on the ground that deposit of the amount will cause undue hardship. Keeping in view the facts and circumstances of the case, they find that the applicants have not made out a case for total waiver of duty. The applicants are directed to deposit an amount equal to 50% of the duty confirmed, within a period of eight weeks. On deposit of the same, pre-deposit of the remaining amount of duty, interest and penalties is waived and recovery of the same is stayed during the pendency of the appeals.
 
 
Decision:- Stay application allowed on terms.

Comment:- The essence of this case is that as re-packing of polymer classifiable under chapter 39 does not amounts to manufacture, the credit taken on imported polymers is required to be reversed as per the provisions of Rule 3(5) of the Cenvat Credit Rules, 2004.

 
 
Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com