2003 (10) TMI 448 - AT - Central Excise

Summary

Issues: Duty demand on polypropylene yarn, classification of narrow woven fabrics, adjustment of duty paid at fabric stage, valuation of yarn

The judgment by the Appellate Tribunal CESTAT, New Delhi dealt with multiple issues arising from duty demand on polypropylene yarn manufactured by the appellants and its captive consumption in the production of narrow woven fabrics. The appellants claimed exemption under Notification No. 67/95-C.E., arguing that no duty was required on captively consumed goods when finished goods were cleared on payment of duty. However, authorities classified the narrow woven fabrics under sub-heading No. 5806.32, resulting in full exemption from Central Excise duty for the finished goods. This classification rendered the captively consumed polypropylene yarn ineligible for duty exemption since it was only available when finished goods were liable to duty. Consequently, duty was demanded on the captively consumed yarn based on this classification.

The tribunal considered various issues raised in the appeals, including the liability to pay duty on captively consumed yarn and the adjustment of duty paid at the fabric stage. Citing judgments like CCE v. Divya Enterprises Ltd. and Bhilwara Synthetics Ltd. to support their decision, the tribunal ruled that the appellants were entitled to adjust the duty already paid at the narrow woven fabrics stage against the duty demanded on the yarn. The appellants also contested the valuation of the yarn, arguing that the yarn sold to independent customers differed qualitatively from the captively consumed yarn, justifying a different pricing method. However, as the appellants failed to provide evidence to substantiate this claim, the tribunal upheld the valuation adopted by the department.

In conclusion, the tribunal ordered that the duty demanded in the impugned order be recalculated after deducting the duty paid at the narrow woven fabrics stage. The appellants would only be liable to pay the balance amount, if any, after such adjustments. The lower authorities' orders were modified accordingly, and the appeals were allowed on the terms mentioned in the judgment.