2004 (5) TMI 469 - AT - Central Excise

Summary

Issues:
Classification of grey cotton canvas cloth and grey cotton tyre cord fabric under Chapter 52 of the Schedule to the Central Excise Tariff Act or under Sub-heading 5911.90 of the Tariff.

Analysis:
The appeals filed by Revenue raised the issue of classifying grey cotton canvas cloth and grey cotton tyre cord fabric under Chapter 52 or Sub-heading 5911.90 of the Tariff. The Senior Departmental Representative argued that canvas cloth should be classified under Heading 59.09, citing a decision by the Tribunal in the case of Simplex Mills v. CCE, Nagpur. However, the Advocate for the Respondent contended that the issue was covered by a decision of the Larger Bench in Jyoti Overseas Ltd., emphasizing that the impugned goods were not in a ready-to-use condition and therefore not covered under Heading 59.11.

The Tribunal, in its analysis, referred to the decision of the Larger Bench in Jyoti Overseas Ltd., which held that grey cotton fabric, when not further processed and used for making various products, should be classified under Heading 52.07, not 59.11. The Tribunal noted that the goods remained grey fabrics in running length, and their subsequent use did not affect their classification. The Tribunal also criticized the earlier decision in Simplex Mills Co., stating that it overlooked Note 7 to Chapter 59. The Tribunal concluded that the decision in Simplex Mills Co. did not lay down the correct law and upheld the classification under Chapter 52, as done by the Commissioner (Appeals) in the present case. Therefore, the appeals filed by Revenue were rejected, and the cross-objections were disposed of accordingly.