2001 (11) TMI 822 - AT - Central Excise

Summary

Issues: Classification of imported goods under sub-headings 5505.10 and 5506.30 of the CETA, violation of rules of natural justice by the Commissioner of Customs, request for retest and cross-examination of the Chemical Examiner, setting aside the impugned order.

In this case, the appellants challenged the classification of imported goods described as acrylic waste under sub-heading 5505.10 of the CETA, while the Revenue argued for classification under sub-heading 5506.30 as acrylic fibre based on the Chemical Examiner's report. The Commissioner of Customs confirmed the duty and penalty, along with a redemption fine. The appellants contended that the impugned order violated natural justice by not allowing a retest of the sample or cross-examination of the Chemical Examiner.

The learned Counsel argued that the Commissioner's order was unsustainable due to the denial of the retest and cross-examination requests, essential for challenging the classification. The Revenue maintained the correctness of the order, stating that the request for cross-examination was abandoned by the appellants during adjudication. The Tribunal noted that the appellants had the right to request retesting and cross-examination to support their claim of classification under sub-heading 5505.10, and the Commissioner's refusal constituted a violation of natural justice, leading to a miscarriage of justice.

Consequently, the Tribunal set aside the Commissioner's order and remanded the matter for retesting the sample if available, or allowing cross-examination of the Chemical Examiner if the sample was unavailable. This decision aimed to ensure a fair adjudication process and uphold the principles of natural justice in determining the correct classification of the imported goods under the CETA.