2004 (8) TMI 454 - AT - Central Excise

Summary

Issues:
Classification of uncoated white cover paper for educational text books under sub-heading 4805.00 or 4802.10 of Central Excise Rules 2002.

Analysis:
The appeal before the Appellate Tribunal CESTAT, Bangalore involved the classification of uncoated white cover paper used for binding educational text books under sub-heading 4805.00 or 4802.10 of the Central Excise Rules 2002. The Revenue contended that the paper should be classified under sub-heading 4805.00, while the Respondents argued for classification under sub-heading 4802.10. The Revenue claimed that the Respondents misclassified the paper and cleared it at nil rate of duty, not following the provisions of Rule 4, 6, and 8 of the Central Excise Rules 2002. The Revenue emphasized that the cover paper should be classified under sub-heading 4805.00, as it is used for binding educational text books, contrary to the Respondents' classification under sub-heading 4802.10.

The Respondents, on the other hand, argued that the order passed by the Commissioner (Appeals) correctly classified the paper under sub-heading 4802.10. They highlighted that the paper met the criteria for classification under sub-heading 4802.10, including GSM below 180, being uncoated paper used for writing or printing educational text books. The Respondents provided evidence that the paper was supplied for printing educational text books, as per orders from the Text Book Officer, Government of Kerala. They relied on various Tribunal decisions to support their classification argument and emphasized the importance of trade usage and end use in determining classification.

After considering the submissions from both parties, the Tribunal found that the paper supplied by the Respondents, being uncoated writing and printing paper with a GSM of less than 180, was correctly classified under sub-heading 4802.10. The Tribunal rejected the Revenue's argument that the paper should be classified under sub-heading 4805.00 due to its use as cover paper for educational text books. The Tribunal emphasized that the paper was exclusively used for printing educational text books, as certified by the Stationery Controller of the Government of Kerala, and not for binding purposes. Therefore, the Tribunal upheld the classification under sub-heading 4802.10, as per the order of the Commissioner (Appeals), and rejected the appeal filed by the Revenue.