2001 (5) TMI 762 - AT - Central Excise

Summary

Issues:
1. Classification of products under Central Excise Tariff Act.
2. Prima facie case for waiver of pre-deposit of duty and penalty.

Classification of products under Central Excise Tariff Act:
The case involved two applications seeking waiver of pre-deposit of duty and penalty imposed by the Commissioner of Central Excise. The Appellant argued that their products, hologram and holographic films, should be classified under Heading 49.01 as a product of the printing industry, while the Commissioner classified them under sub-Heading 39.19 as self-adhesive films. The Appellant referred to Note 2 to Section VII of the Tariff, emphasizing that if the goods fall under 39.19, they should be classified accordingly. The Appellant presented expert opinions and samples to support their classification under Chapter 49. However, the Adjudicating Authority did not consider this evidence adequately. The Appellant also relied on a previous decision to argue that once a specific Heading is mentioned in a show cause notice, the product cannot be classified under any other Heading. The Tribunal found that the Appellant failed to establish a prima facie case for waiver of pre-deposit of the entire duty amount, directing them to deposit a specified sum within a deadline to stay the recovery of the remaining amount and penalty during the appeal.

Prima facie case for waiver of pre-deposit of duty and penalty:
The Appellant contended that their products should be classified under Heading 49.01, while the Respondent argued that the products are self-adhesive films falling under Heading 39.19. The Respondent highlighted that the printing on the products was not for the primary purpose, making them ineligible for classification under Heading 49.01. The Tribunal agreed with the Respondent, stating that the products did not lose their classification as self-adhesive films even though one side was laminated. The Tribunal found no financial hardship pleaded by the Appellant and directed them to deposit a specified amount within a set timeframe to avail waiver of pre-deposit for the remaining duty and penalty. The recovery of the waived amount and penalty was stayed pending the appeal, with a reporting compliance date set for the future.

In conclusion, the judgment addressed the classification of products under the Central Excise Tariff Act, emphasizing the importance of establishing a prima facie case for waiver of pre-deposit of duty and penalty. The Tribunal considered the arguments presented by both parties regarding the classification of the products and ultimately directed the Appellant to deposit a specific amount within a deadline to stay the recovery of the remaining duty and penalty during the appeal process.