2005 (10) TMI 358 - AT - Central Excise

Summary

Issues:
1. Benefit of Notification No. 73/90-C.E. for duty payment on goods.
2. Classification of printer as an integral part of RAX system.
3. Entitlement to concessional rate of duty under Notification No. 56/94-C.E.

Analysis:
1. The appellants cleared goods with different duty rates but were denied the benefit of Notification No. 73/90-C.E. The Department proposed recovery of differential duty and penalty. The Assistant Commissioner confirmed part of the demand but dropped proceedings for the printer, considering it integral to the RAX system. The Revenue appealed, arguing the printer was not integral, leading to a higher duty rate classification. The Tribunal noted the dispute and remanded the case for fresh examination.

2. The appellants claimed the goods were entitled to a concessional duty rate under Notification No. 56/94-C.E., covering "Input/Output Processor." They argued that goods specified under Sr. No. 13 of Notification No. 56/94 should receive the benefit of Notification No. 73/90. However, as there was no finding on whether the printer was an input/output processor, the Tribunal remanded the case for further evaluation by the adjudicating authority to determine if the printer qualifies for the concessional duty rate.

3. The Tribunal allowed the appeal by remanding the case for a fresh decision on whether the goods in question, specifically the printer, are covered under Sr. 13 of Notification 73/90 as an input/output processor. The adjudicating authority was instructed to provide the appellants with a fair opportunity to present their defense. The decision highlighted the need for a thorough examination to determine the correct classification and duty rate applicable to the goods in question.