2003 (9) TMI 588 - AT - Central Excise

Summary

Issues: Application for waiver of pre-deposit of Central Excise duty. Classification of products under Central Excise Tariff Act. Effective date for raising demand by Revenue.

In this judgment by the Appellate Tribunal CESTAT, New Delhi, the case involved an application filed by M/s. Arvind Chemi Synthetics Pvt. Ltd. for the waiver of pre-deposit of Central Excise duty amounting to Rs. 4,90,245. The company manufactures HDPE Strips and fabrics woven out of this structure, which were initially classified under specific headings of the Central Excise Tariff Act. However, the Central Board of Excise and Customs later changed the classification of both products through an order, leading to a demand being raised for a specific period. The company argued that the changes in classification were not effectively communicated to the trade until a later date, relying on a Supreme Court judgment in the case of H.D. Bags Manufacturer v. CCE, 1997 (94) E.L.T. 3 (S.C.), which highlighted the importance of the effective date for actions under Section 37B of the Central Excise Act. The company contended that the effective date for raising the demand by the Revenue cannot be any date prior to the date when the trade notices were issued regarding the classification changes.

The Tribunal considered the arguments presented by both parties and referred to the Supreme Court judgment in the case of H.D. Bags Manufacturer. Based on the principles established in that case, the Tribunal found that the applicants had made a strong prima facie case in their favor regarding the effective date for raising the demand by the Revenue. Consequently, the Tribunal decided to stay the recovery of the entire amount of duty during the appeal's pendency, with the appeal being scheduled for final hearing on a specific date. This decision was influenced by the interpretation of the effective date for actions under the Central Excise Act as discussed in the Supreme Court judgment, emphasizing the importance of proper communication and notification in such matters.