2009 (4) TMI 639 - AT - Central Excise

Summary

Issues: Classification of goods under heading 52.07 or 59.06

Analysis:
The appeal before the Appellate Tribunal CESTAT, New Delhi arose from an order passed by the Commissioner (Appeals), Indore, confirming the classification of goods, namely Water proofed canvas cloth and Tarpaulin, under heading 52.07. The Department contended that the goods should be classified under 59.06 instead. The Tribunal noted that the appeal challenged the classification solely on the basis that a previous order confirmed the classification under heading 52.07 without considering all aspects of the matter.

The respondents relied on an order passed by the Tribunal in Appeal No. 1899/04, which confirmed the Commissioner's earlier order classifying the goods under heading 52.07. They argued that since the previous order was already confirmed by the Tribunal, there was no valid ground to challenge the impugned order. The Tribunal observed that the impugned order was based on the Commissioner's earlier decision dated 27-11-02 regarding the same goods and parties, which was upheld by the Tribunal in the subsequent appeal.

Given that the appeal solely disputed the classification under heading 52.07 based on the previous orders, and considering that the Tribunal had already confirmed the classification in a related case, the Tribunal found no valid grounds to challenge the impugned order. Consequently, the Tribunal dismissed the appeal, affirming the classification of the goods under heading 52.07.