2005 (7) TMI 587 - AT - Central Excise

Summary

Issues: Classification of Aluminium Foils backed with Paper/LDPE under CETA, 1985.

The judgment revolves around the classification of Aluminium Foils backed with Paper/LDPE under the Central Excise Tariff Act, 1985. The appellants claimed classification under sub-heading No. 7607.60, which was approved by the Department in previous instances. However, a dispute arose regarding the Classification Declaration filed for the product, with the Range Superintendent contending it should be classified under sub-heading 39.20 of the CETA, 1985. This disagreement led to Show Cause Notices being issued to the appellants for different periods, invoking the proviso to Section 11A(1) of the Central Excise Act, 1944.

Upon considering the replies filed by the appellants, the adjudicating authority upheld the Show Cause Notices, ruling that the impugned product should be classified under Heading 39.20 due to the essential character imparted by plastic, not Aluminium. This decision was affirmed by the Commissioner of Central Excise (Appeals), prompting the appellants to appeal the decision.

The appellate tribunal referred to a Supreme Court judgment which upheld the classification of a similar product under sub-heading 7607.60 of the CETA, 1985. The tribunal cited a previous decision where Aluminium Foil backed with printed polyester and HDPE foil was classified under the same sub-heading. Additionally, the tribunal noted that the Board had accepted this classification in a circular dated 6-10-2003. Consequently, the tribunal held that the classification of plastic laminated aluminium foil should be maintained under Heading 7607.60 of the CETA, 1985, thereby allowing the appeal.