2005 (5) TMI 382 - AT - Central Excise

Summary

Issues Involved:
Challenge to classification, duty demands, and penalty consequences on allegation of clandestine unaccounted removal invoking the proviso to Section 11A(1) for a larger period of duty demands.

Classification Dispute:
The appeals filed by Revenue challenge the classification, duty demands, and penalty consequences related to alleged clandestine unaccounted removal. The classification dispute involves various entities such as lemon squeezers, handy juicers, scrappers, and vacuum juicers. Lemon squeezers and handy juicers, made of plastic with metal screws/nails, are classified under Chapter 3924.90 due to their functions as kitchenware. The scrappers with metal blades and plastic bodies are also classified under 3924.90 as kitchenware, not under 8214.10. However, the vacuum juicer with a mechanical hand churning device is appropriately classified under Heading 8214.00.

Quantification and Penalty:
Once the classification is determined, the quantification of demands and the invocation of Section 11A(1) need to be reassessed based on declarations on record. Penal consequences are contingent upon the determination of demands. The appeals are allowed, remanding the case to the original authority to redetermine any demands based on the classification. The issue of invoking the proviso clause remains open for both sides, with penalties to be determined subsequently.

Conclusion:
The judgment resolves the classification disputes for various kitchenware products, directing a reassessment of demands based on the determined classification. The penalty consequences are contingent upon the quantification of demands, with the appeals allowed for remand to the original authority for further proceedings.