2006 (7) TMI 481 - AT - Central Excise

Summary

Issues: Classification of goods under Central Excise Tariff - Pre-deposit of duty and penalty waiver

In this judgment by the Appellate Tribunal CESTAT, New Delhi, the applicant sought waiver of pre-deposit of duty and penalty concerning the classification of hook tapes and loop tapes under the Central Excise Tariff. The applicant claimed classification under Heading 5806, while the Revenue argued for classification under Heading No. 9606.90. The applicant cited a previous Tribunal decision in the case of Zip Industries Ltd., upheld by the Supreme Court, to support their classification. The applicant highlighted that other manufacturers in India classified similar goods under Heading 5806 without dispute from the Revenue. Additionally, the applicant presented findings from the Directorate General of Anti-Dumping and Allied Duties, imposing duties on similar goods under Chapter Heading 5806 of Customs Tariff. The Tribunal noted that the product in question, loop and hook tape, differed from the product in the Zip Industries case, which involved narrow strips for slide fasteners. Considering the running length at which the applicant cleared the tapes and the anti-dumping authorities' classification, the Tribunal found a strong case in favor of the applicant. Consequently, the Tribunal waived the pre-deposit of duty and penalty, allowing the stay petition and directing the appeal to be listed for further proceedings. The judgment was dictated and pronounced in open court on 21-7-06.