2007 (3) TMI 514 - AT - Central Excise

Summary

Issues involved: Classification of processed fabrics under Chapter 54 or Chapter 59, entitlement to benefit of compounded levy scheme under Notification 32/2001, duty demand, penalty imposition.

Classification Issue:
The appellants, engaged in processing man-made fabrics, were initially alleged to be processing fabrics falling under Chapter 59, thus not eligible for the compounded levy scheme under Notification 32/2001. However, Tribunal's order clarified that the fabrics processed by the appellants actually fell under Chapter 54, as per the classification established in a previous case. The Commissioner's decision was based on the classification by the supplier, HIFPL, which was later overturned by the Tribunal. The fabrics received by the appellants were confirmed to be in running length and classifiable under Chapter 52, not Chapter 59. The department failed to prove that the processed fabrics were not in running length. The appellants' argument that the fabrics should be classified under Chapter 54 was accepted, leading to the allowance of the appeals.

Entitlement to Compounded Levy Scheme:
The appellants contended that they were entitled to the benefit of the special procedure for payment of duty under the compounded levy scheme as per Notification 32/2001, due to the classification of the processed fabrics under Chapter 54. The Tribunal agreed with the appellants' position, ruling that the benefit of the compounded levy scheme was indeed admissible to them. The decision to set aside the impugned order and allow the appeals was made based on this finding, without delving into other arguments raised by the appellants.

Duty Demand and Penalty Imposition:
The show cause notice issued to the appellants proposed a substantial duty demand along with penal action. The Commissioner's order confirmed the duty demand, imposed a penalty equal to the duty amount, and additionally penalized the general manager. However, upon re-examination of the classification issue and entitlement to the compounded levy scheme, the impugned order was set aside, and the appeals were allowed, indicating a favorable outcome for the appellants in terms of duty liability and penalties.

This comprehensive summary highlights the key legal aspects and outcomes of the judgment, focusing on the issues of classification, entitlement to the compounded levy scheme, and the associated duty demand and penalty imposition.