2006 (7) TMI 364 - AT - Central Excise

Summary

Issues: Classification of Grey Cotton terry towelling fabric under CETA Schedule

Analysis:
- The appeal was filed by the department against the order of the Commissioner (Appeals) regarding the classification of "Grey Cotton terry towelling fabric in running length" under Heading 63.02 of the CETA Schedule, whereas the department wanted it classified under SH 5802.21 of the same Schedule.
- Despite the absence of representation from the assessee (respondent), the Tribunal proceeded to examine the case based on the records and the arguments presented by the learned SDR for the department.
- The Tariff Schedule entries for Terry towelling fabrics and similar woven terry fabrics were compared, highlighting the specific classification under SH 5802.21 for cotton fabrics not subjected to any process.
- The dispute arose when the assessee revised the classification of goods from SH 5802.21 to SH 6302.00, claiming exemption under Notification No. 7/97-C.E., dated 1-3-1997, which was opposed by the department.
- The Tribunal concluded that the goods in question should be classified under Heading 5802.21 as terry towelling fabrics of cotton not subjected to any process, as the process of converting the fabric to individual towels was acknowledged and undisputed.
- It was emphasized that Chapter 63, which covers made-ups like bed linen and kitchen linen, was not suitable for the classification of Cotton Grey terry towelling fabric, which required further processes for the production of individual towels.
- Ultimately, the Tribunal set aside the impugned order and allowed the appeal in favor of the Revenue, directing the classification of the subject goods under SH 5802.21 as originally claimed.

This detailed analysis of the judgment provides a comprehensive understanding of the issues involved and the Tribunal's decision regarding the classification of Grey Cotton terry towelling fabric under the CETA Schedule.