2006 (3) TMI 477 - AT - Central Excise

Summary

Issues:
Classification of Cement capsules under sub-heading 2502.29 or 2502.90.

Analysis:
The issue in this case revolves around the classification of Cement capsules manufactured by the respondents under sub-heading 2502.29 or 2502.90. The department claimed classification under sub-heading 2502.90, while the respondents argued for classification under sub-heading 2502.29. The lower authorities accepted the respondents' classification. The department referred to a circular issued by the Board in 1998 classifying the goods under sub-heading 2502.29, which was later withdrawn, and a new circular in 2000 classified the same product under sub-heading 2502.90 based on a chemical examination report.

The advocate for the respondents highlighted a previous decision by the Tribunal in the case of Mine Aid Products, where the product was classified under sub-heading 2502.29. The department had accepted this classification, no appeal was filed, and subsequent assessments were done under the approved heading. The advocate prayed for upholding the decisions of the lower authorities based on this precedent.

After considering arguments from both sides and reviewing the case records and cited case law, the Tribunal found that the classification of the impugned goods was covered by the previous decision in the case of Mine Aid Products. The department did not present any evidence that the previous decision had been overturned by a higher judicial forum. Therefore, the Tribunal upheld the order-in-appeal passed by the lower appellate authority and rejected the department's appeal, following the precedent set by the earlier Tribunal decision in the case of Mine Aid Products.