2003 (1) TMI 466 - AT - Central Excise

Summary

Issues:
Challenge against order passed by Commissioner regarding classification of goods and duty exemption.

Analysis:
The appeal pertains to a challenge by the Revenue against an order passed by the Commissioner regarding the classification of goods and duty exemption. The respondent-assessee, manufacturers of polymer liners, cleared their final products without payment of duty under Notification No. 15/94. A show cause notice alleged that an intermediate product, plastic sheets, was being captively consumed during the manufacturing process and should be chargeable to duty. The Commissioner viewed the final product as exempted goods and dropped the demand. The Revenue, aggrieved by this decision, filed an appeal.

Several contentions were raised in the appeal challenging the Commissioner's view. During the hearing, the respondent-assessee referred to a Board's Circular dated 29-9-88, stating that the final product should be classified under sub-heading 3926.90 as 'other articles of plastics' without considering an intermediate product. The Circular clarified the classification of polymer liners based on their shape and working. The assessee argued that as per the Circular, there was no need to treat the plastic sheet as an intermediate product chargeable to duty. The Tribunal found merit in this argument and upheld the Commissioner's decision in favor of the assessee, albeit for a different reason. Since the Circular was binding on the Revenue, it was concluded that the plastic sheet did not need to be treated as an intermediate product chargeable to duty.

In light of the above analysis, the Tribunal dismissed the appeal filed by the Revenue, affirming the Commissioner's decision based on the classification provided in the Board's Circular.