2009 (6) TMI 725 - AT - Central Excise

Summary

Issues:
Correct classification of Taspa yarn under Heading 5606.00 or 5402.62, time limitation for raising demand.

Analysis:
The dispute in this case revolves around the proper classification of Taspa yarn manufactured by the appellant. The appellants argue that the yarn should be classified under Heading 5606.00, while the Revenue contends that it should be classified under Heading 5402.62. The lower authorities upheld the Revenue's classification, resulting in a demand of Rs. 1,83,476 for the period from October 1998 to March 1999, initiated through a show cause notice issued on 10-5-2000.

The Tribunal notes that a previous decision in the case of M/s. S.J. Vasania Silk Mills had ruled against the appellant on the issue of classification. However, the demand in the present case was raised after the normal period of limitation. During the relevant period in March 1999, there was significant correspondence between the appellant and the Central Excise authority, indicating a lack of clarity regarding the correct classification of Taspa yarn. The Tribunal acknowledges the confusion surrounding the classification, especially considering a previous decision in favor of the assessee in the case of M/s. Garden Silk Mills, which was later set aside and remanded by the Supreme Court. Given this context, the Tribunal finds that the demand is prima facie barred by limitation and dispenses with the condition of pre-deposit, allowing the stay petition unconditionally.

Since the issue of classification has already been settled against the appellant, the Tribunal decides to focus solely on the aspect of limitation. The appeal is scheduled for final disposal on 6-8-2009. The Tribunal's decision reflects a nuanced understanding of the legal principles surrounding classification disputes and the implications of time limitations on raising demands, ensuring a fair and just resolution in the given circumstances.