Commissioner of Central Excise Vs. Safex Fire Systems - Court Judgment

Excerpt:
1. the question for consideration in this appeal is whether, in computing the value of clearance of goods manufactured by the appellant for the purposes of notification 1/93, the value of cylinders comprising parts of fire extinguishers that the respondent refills with carbon dioxide is to be included. in the order impugned in this appeal, the commissioner (appeals) has held that these are not to be included.2. we do not find it possible to accept the contention in the appeal, reiterated by the departmental representative, that refilling of the empty cylinder with carbon dioxide is a process of manufacture. there is nothing in the department's appeal to support such a claim. we do not see how a new product emerges by simple act of refilling a cylinder with carbon dioxide. the object of the cylinder in the fire extinguisher is merely act as a container for carbon dioxide. the carbon dioxide is released by application of force on a plunger mounted in the extinguisher the other end of which is connected to the seal.the assessee therefore, manufactured neither cylinders nor carbon dioxide. this is in fact the ratio of the decision of the tribunal in appeal e/4352/95 in safex fire services v. cce [2001 (127) e.l.t. 182 (tribunal)].

Judgment:
1. The question for consideration in this appeal is whether, in computing the value of clearance of goods manufactured by the appellant for the purposes of Notification 1/93, the value of cylinders comprising parts of fire extinguishers that the respondent refills with carbon dioxide is to be included. In the order impugned in this appeal, the Commissioner (Appeals) has held that these are not to be included.

2. We do not find it possible to accept the contention in the appeal, reiterated by the departmental representative, that refilling of the empty cylinder with carbon dioxide is a process of manufacture. There is nothing in the department's appeal to support such a claim. We do not see how a new product emerges by simple act of refilling a cylinder with carbon dioxide. The object of the cylinder in the fire extinguisher is merely act as a container for carbon dioxide. The carbon dioxide is released by application of force on a plunger mounted in the extinguisher the other end of which is connected to the seal.

The assessee therefore, manufactured neither cylinders nor carbon dioxide. This is in fact the ratio of the decision of the Tribunal in appeal E/4352/95 in Safex Fire Services v. CCE [2001 (127) E.L.T. 182 (Tribunal)].