2008 (6) TMI 403 - AT - Central Excise

Summary

Issues:
Classification of Rectified Spirit under Central Excise Act, 1944 and CETA, 1985.

Analysis:
The appeal filed by the Revenue challenged the order-in-appeal that classified Rectified Spirit manufactured by the respondents as suitable for use as fuel in I.C. engines, under erstwhile tariff item No. 6(ii) of the First Schedule to the Central Excise Act, 1944, and subsequently under sub-heading No. 2204.00 of the CETA, 1985.

During the proceedings, the Department's representative relied on the opinion provided by IIP, Dehradun, and I.O.C. to support their appeal. Conversely, the respondent's advocate referred to a previous judgment of the Tribunal in the case of M/s. Cellulose Products of India Ltd., which had attained finality and involved the same product. The advocate argued that since the judgment in the previous case was conclusive and the opinions of IIP and I.O.C. were available to the Tribunal at that time, the Department's appeal should be dismissed. It was emphasized that the lower authorities had correctly followed judicial discipline by dismissing the demands raised in show cause notices against the respondents.

The advocate for the respondent also highlighted that certain judgments cited by the Department were not relevant to the current case due to changes in the tariff and lack of essential information in those cases. Ultimately, the Tribunal found no grounds to interfere with the decisions of the lower authorities, as the matter had already been settled in the previous judgment of the Tribunal in the case of M/s. Cellulose Products of India Ltd. Therefore, the appeal filed by the Revenue was rejected.

The judgment was pronounced in court on 24-6-2008 by B.S.V. Murthy, Member (T).