2007 (4) TMI 412 - AT - Central Excise

Summary

Issues: Classification of goods under Heading 9027.00, waiver of pre-deposit of duty and penalty pending appeal.

Classification of Goods under Heading 9027.00:
The judgment involves the classification of goods manufactured by the assessee, including petri dishes, pipettes, sample storage vials, tubes, sample holders, centrifuge tubes, tissue culture plates, filters, swab sticks, blood collection vials, etc., made of polypropylene. The Tribunal had remanded the case for re-examination of the end use of the items manufactured and the interpretation of the term "appliances" in Heading 90.18. The Commissioner had classified the goods under Heading 90.27, relying on Chapter Heading 90.18 to HSN, which excludes laboratory glassware and instruments used in laboratories for testing blood, tissue fluids, urine, etc. The end use submitted to the Commissioner did not show that the items were used for testing, leading to the conclusion that classification under Heading 90.27 was not sustainable. The Tribunal found that the demand under this heading was prima facie not sustainable and waived the requirement of pre-deposit of duty and penalty pending appeal.

Waiver of Pre-deposit of Duty and Penalty Pending Appeal:
The judgment addressed the application for waiver of pre-deposit of duty amounting to Rs. 18,30,785/- and an equal amount of penalty. Both sides were heard on this application. The demand was confirmed against the assessee, leading to the need for waiver. The Tribunal, after considering the arguments and the classification issue, found that the demand under Heading 90.27 was not sustainable. Consequently, the Tribunal waived the requirement of pre-deposit of duty and penalty and stayed the recovery pending the appeal. The decision was based on the prima facie assessment that the classification under Heading 90.27 was not appropriate, indicating a favorable outcome for the appellant in terms of the waiver of pre-deposit and penalty.

In conclusion, the judgment by the Appellate Tribunal CESTAT, MUMBAI addressed the classification of goods under Heading 9027.00, focusing on the interpretation of the term "appliances" and the end use of the items manufactured. The decision resulted in the waiver of pre-deposit of duty and penalty pending appeal, based on the prima facie assessment that the demand under Heading 90.27 was not sustainable. The detailed analysis provided clarity on the classification issue and the considerations leading to the waiver decision, ensuring a fair and comprehensive review of the legal aspects involved in the case.