2004 (10) TMI 470 - AT - Central Excise

Summary

Issues: Classification of air-mingled yarn under heading 54.02, Validity of duty demand for the period prior to the introduction of Chapter Note 3 to Chapter 54, Applicability of duty on yarn manufactured prior to March 1999, Consideration of legal issue not raised before the original adjudicating authority, Remand for re-quantification of duty demand and penalty determination, Consideration of Cenvat credit in demand proceedings.

In this case, the main issue revolved around the classification of air-mingled yarn under heading 54.02 and the validity of the duty demand for the period prior to the introduction of Chapter Note 3 to Chapter 54. The Commissioner (Appeals) had reduced the demand to clearances made in March 1999, but the appellant contended that a portion of the yarn cleared in March was actually manufactured before March 1999, when the goods were non-excisable. Citing the Supreme Court decision in the case of Collector v. Vazir Sultan Tobacco Co. Ltd., the appellant argued that yarn manufactured before March 1999 should not be subjected to excise duty.

Although the issue regarding the yarn manufactured prior to March 1999 was not raised before the original adjudicating authority, the Tribunal deemed it a legal issue that the appellant should be allowed to raise. Consequently, the matter was remanded to the Assistant Commissioner for verification of records and re-quantification of the duty demand. The penalty was to be re-determined based on the quantified duty amount. The appellant's request for Cenvat credit was also to be considered by the original adjudicating authority during the disposal of the demand proceedings.

Ultimately, the appeal was allowed through remand, and the stay petition was disposed of. The Tribunal's decision focused on ensuring a fair consideration of the legal issues raised by the appellant, particularly regarding the applicability of excise duty on yarn manufactured before the introduction of relevant regulations.