2006 (7) TMI 87 - AT - Central Excise

Classification Assessee contended that the activity of printing on paper sheets /board classifiable as Printing industries under 4901.90 not as Packaging Industries Held that appellant contention is correct

Summary

Issues: Classification of activity under packaging industry or printing industry

Analysis:
1. The appeal challenged the classification of the appellant's activity of printing on paper and cardboard sheets under the packaging industry, attracting a 16% duty, as per OIA No. 198/03 dated 25-11-2003.

2. The appellant argued that printing on paper sheets/board should be classified under the printing industry, attracting a nil rate of duty under sub-heading 4901.90 of the CET, relying on the decision in VST Industries v. CCE, 2005 (180) E.L.T. 350 (Tri. - Bang.).

3. The revenue relied on the ruling in Commissioner of Central Excise, Mumbai v. New Jack Printing Works (Pvt.) Ltd., 1997 (93) E.L.T. 78 (Tri.), which was distinguished in Sri Kumar Agencies & Ors v. CCE, 2000 (116) E.L.T. 483 (Tri.), based on Metagraphs Ltd., 1996 (88) E.L.T. 630 (S.C.) and Johnson and Johnson Ltd. v. CCE, 1997 (94) E.L.T. 286 (S.C.), among other Tribunal rulings.

4. The Tribunal, in the case of VST Industries, had previously held that printing on paper sheets and paper boards falls under the printing industry category under sub-heading 4901.90 of the CET, in line with the citations referred to by the appellant's counsel.

5. The Tribunal, following judicial discipline, upheld the appellant's argument and classified the activity of printing on paper sheets/board under the printing industry, setting aside the impugned order and allowing the appeal with consequential relief if any.