2006 (6) TMI 287 - AT - Central Excise

Stay/Dispensation of pre-deposit - Stay of order - Corespun sewing threads - Classification of

Summary

Issues involved: Classification of product under Central Excise Tariff Act, quantification of duty, abatement under Section 4(4)(d)(ii) of the Central Excise Act, early hearing applications, stay of operation of impugned order.

In this judgment by the Appellate Tribunal CESTAT, Chennai, the primary issue revolved around the classification of the product "corespun sewing threads" under the Central Excise Tariff Act. The lower authorities had classified the product under Chapter Heading 56.06, contrary to the appellant's claim for classification under Heading 5401.10. The tribunal noted that the lower authorities' classification was based on the premise that the threads were not made from filament yarn, despite the input being classified under Heading 5402.62 at the Madurai Unit, which was accepted by the department. However, upon examination of the relevant Tariff Heading, it was established that the product was indeed made from filament yarn. Consequently, the tribunal found merit in the appellant's case for classification under sub-heading 5401.10 and granted a stay on the operation of the impugned order.

Another significant issue addressed in the judgment was the quantification of duty after allowing abatement under Section 4(4)(d)(ii) of the Central Excise Act. The tribunal observed that the dispute related to the period from December 2003 and that the impugned order affirmed the classification while permitting abatement of duty for determining the assessable value. However, as the quantification of duty was not correctly determined, the tribunal dismissed the waiver application and the applications seeking early hearing, emphasizing the need for accurate quantification before any decision could be made. The request for a stay of the impugned order was separately considered and granted based on the classification issue.

In conclusion, the judgment highlighted the importance of accurate classification under the Central Excise Tariff Act, emphasizing the need for consistency and adherence to relevant Tariff Headings. The tribunal's decision to grant a stay on the operation of the impugned order reflected a careful consideration of the evidence and arguments presented, ensuring a fair and just outcome in the matter.