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2008 DIGILAW 1443 (SC)

Orissa Bridge and Construction Corporation Limited v. Commissioner of Central Excise, Bhubaneswar

2008-08-27

ASHOK BHAN, V.S.SIRPURKAR

body2008
ORDER : Ashok Bhan and V.S. Sirpurkar, JJ. The point involved in the present appeal is as to whether the fabrication of Cutting edge, Plain Shuttering Plates, Well steening Shuttering Plate, Well Curve Shuttering Plates, Girder Shuttering Plates, Pier Shuttering Plates, Vertical Props and Derricks etc. from Steel Angle, MS Plates, MS Sheets, HR Sheets and pipes amount to manufacture and result in emergence of marketable product so as to become chargeable to duty of excise. The Tribunal has come to the conclusion that plates and sheets, which are starting materials, get transformed into various products which are having a distinct name, identity character and use. That the sheets, plates or angle irons cannot be used as cutting HS plates, Shuttering or other items for which purpose they are specifically transformed into new product. 2. We agree with the finding recorded by the Tribunal that the activities carried out by the Appellant amount to manufacture of the goods. Accordingly, finding recorded by the Tribunal on this point is confirmed. 3. The second point on which the show cause notice was contested by the Appellant was on the point of limitation. In the impugned order, it is mentioned that Appellant's activities were detected by the revenue on 24.08.1987 and show cause notice was issued on 04th December, 1989. On the previous date of hearing, we adjourned this case to enable the counsel for the revenue to seek instructions as to why the show cause notice was issued after two years and 4 months approximately of the inspection carried out by the authorities. Counsel appearing for the revenue informs us that file is misplaced and is not traceable. 4. Keeping in view the facts and circumstances of the case and without laying any proposition of law, we hold that the department was not justified in invoking the extended period of limitation under Section 11A of the Central Excise and Salt Act, 1944 (for short, 'the Act') and accordingly, finding of the Tribunal on this point is reversed. 5. We hope that the department shall initiate some action against the erring officer/official for issuing show cause notice to the Assessee after a gap of approximately two years and four months from the date of inspection at the factory of the Assessee. 6. The Appeal is partly allowed. Parties to bear their own costs. Appeal partly allowed.