2004 (5) TMI 434 - AT - Central Excise

Summary

Issues: Classification of Tobacco as Branded, Time Limit for Demand of Duty

Classification of Tobacco as Branded:
The case revolves around the classification of tobacco sold by the appellants in new packets as branded tobacco. The Commissioner (Appeals) noted that the appellants had seized branded unmanufactured tobacco, which led to a demand for duty payment. Despite the appellants' claim that they had stopped putting any brand on the packets since a certain date, subsequent investigations revealed the continued use of symbols like "Shop No. 4" or "Shop No. 5" on the packets. These symbols were acknowledged to identify the goods as belonging to the appellants. The Commissioner concluded that the presence of such symbols constituted branding, in line with Note 1 to Chapter 24 of the Central Excise Tariff. The appellants' attempt to avoid duty payment by removing certain markings while retaining others was deemed deliberate, justifying the imposition of Section 11A provisions. The Commissioner's decision to classify the goods as branded tobacco was upheld.

Time Limit for Demand of Duty:
The appellants had previously informed the Department that they had ceased printing brand names on the packets and would not do so in the future. However, subsequent inspections in February 1996 revealed the continued use of brand names, contrary to their declaration. The Commissioner found that the extended time limit for demanding duty applied in this case due to the appellants' actions. The Tribunal concurred with the Commissioner's findings on both the classification of the goods as branded tobacco and the application of the extended time limit. Consequently, the appeals were dismissed, affirming the correctness of the Commissioner's order.