2003 (7) TMI 642 - Commission - Central Excise

Summary

Issues:
Settlement application for central excise duty liability under Notification 60/91-C.E. dated 25-7-91, dispute over the classification of goods, pending proceedings before Assistant Commissioner, Division VIII, Hyderabad.

Analysis:
1. Settlement Application: The case involved M/s. Rockwool (India) Limited (RIL) filing a settlement application for central excise duty liability under Notification 60/91-C.E. dated 25-7-91. RIL admitted duty liability for the period 25-7-91 to 28-2-93, seeking to settle the issue by way of settlement. The application was allowed to proceed with, and RIL was directed to pay the balance amount in two installments.

2. Classification Dispute: The dispute also encompassed the classification of goods under Tariff Heading 6803, covering slag wool, rock wool, and mineral wools. RIL argued that the term 'mineral wool' would include slag wool and rock wool, thus being covered by the exemption under Notification No. 59/90-C.E., dated 20-3-90. The Revenue contended that the exemption only covered rock wool. The Settlement Commission found it necessary to examine in depth the dutiability of goods manufactured during the period 17-3-90 to 24-7-91, considering the conflicting interpretations.

3. Pending Proceedings: Additionally, the settlement application sought to include the proceedings pending before the Assistant Commissioner of Central Excise, Division VIII, Hyderabad, relating to the period 25-7-91 to 28-2-93. The application to admit and settle these proceedings was allowed, subject to the condition that the appeal against the Order-in-Appeal, where the stay application was rejected by CEGAT, is withdrawn and evidence to that effect is produced.

4. Jurisdiction: With the order passed, the Settlement Commission acquired exclusive jurisdiction to perform the functions of any Central Excise officer concerning the case, as provided under sub-section (2) of Section 32-I of the Central Excise Act, 1944.

This detailed analysis highlights the key aspects of the judgment, including the settlement application, classification dispute, pending proceedings, and the jurisdiction acquired by the Settlement Commission in this case.