2006 (5) TMI 357 - AT - Central Excise

Summary

Issues:
Classification of advertisement materials - whether they fall under Chapter 3919 or Chapter 49.

Analysis:
The appeal was filed by the Revenue against the Order-in-Original (OIO) passed by the Commissioner of Central Excise Bangalore-III Commissionerate regarding the classification of advertisement materials, specifically self-adhesive vinyl sheets used for printing. The Commissioner held that these products do not fall under Chapter 3919. The Revenue contended that the goods should be classified under Chapter 39.19 based on Chapter Note 2 of Section VII of the Central Excise Tariff Act. The assessee admitted that printing was done on self-adhesive vinyl sheets, which they believed were classifiable under CH 3919. The Revenue argued that even if printed, goods falling under CH 39.18 and 39.19 should remain classified in those chapters. The Tribunal noted that the raw material vinyl was classified under CH 3921, making Note 2 of Section VII applicable, thereby placing the final product under Chapter 49 as a product of the printing industry, attracting nil duty.

The respondents argued that the activity of printing on vinyl did not amount to manufacture as the vinyl remained the same before and after the process. They cited various case laws to support their stance. They further contended that if the vinyl was classifiable under CH 3921, the resultant product should be classified under Chapter 49, as per Note 2 to Section VII. The Tribunal agreed with the respondents, emphasizing that the printing process did not result in a new product. They upheld the Commissioner's decision that the product falls under Chapter 49, exempt from duty. The Tribunal dismissed the Revenue's appeal and allowed the cross objection filed by the respondents.

In conclusion, the Tribunal analyzed the classification issue based on the Central Excise Tariff Act and relevant case laws. They determined that the self-adhesive vinyl sheets used for printing should be classified under Chapter 49 as a product of the printing industry, exempt from duty. The Tribunal rejected the Revenue's appeal and upheld the Commissioner's decision, allowing the cross objection filed by the respondents.