1983 (6) TMI 176 - AT - Central Excise

Summary

Issues: Classification of goods under Central Excises and Salt Act

Analysis:
1. The appeal was initially filed by the appellants before the Central Government as a Revision Application and has been transferred to the Tribunal for disposal as an appeal under Section 35P(2) of the Central Excises and Salt Act, 1944.
2. The dispute revolves around the classification of Cord Repair Fabrics, Pre-shaped Cord Patches, and Criss-Cross Patches under Item No. 16A(2) of the First Schedule to the Central Excises and Salt Act. The appellants argue that these products do not fall under this classification, which has been determined by the Central Excise authorities.
3. During the hearing, the appellants reiterated their submissions, contending that the goods do not meet the criteria of Item 16A(2). The Revenue argued that the products fall within the scope of this item due to the combination of rubber and textile material.
4. The appellants claim that the terminology in Item 16A(2) is similar to the Customs Cooperation Council Nomenclature (CCCN) headings 40.05 and 40.08. They argue that the goods should be classified under Heading No. 59.11 of the CCCN, which covers "Rubberized textile fabrics other than knitted or crocheted goods."
5. The Tribunal examined the language of Item 16A(2) and noted that it specifically includes plates, sheets, and strips of rubber combined with textile material. The Tribunal emphasized that the classification should be based on the Central Excises and Salt Act's nomenclature, not the CCCN.
6. The appellants also argued that the Cord Repair Fabric is marketed in rolls, not sheets, and should not be classified under Item 16A. They further contended that the Criss-Cross Patches and Pre-shaped Cord Fabrics should be classified under Item 68 of the CET Schedule based on their manufacturing process.
7. The Tribunal upheld the lower authorities' classification of Cord Repair Fabric under Item 16A(2) but reclassified Criss-Cross Patches and Pre-shaped Cord Fabrics under Item No. 68 CET. The excise authority was directed to grant the necessary relief to the appellants within two months.

This judgment clarifies the classification of goods under the Central Excises and Salt Act, emphasizing the importance of interpreting the Act's nomenclature for classification purposes. The Tribunal's decision provides guidance on the classification of specific products based on their composition and manufacturing process, ensuring accurate assessment of duty liability.