1983 (11) TMI 310 - AT - Central Excise

Summary

Issues: Classification of scrap and wires under Central Excises & Salt Act, 1944

Classification of Scrap:
The appeal involved the classification of three types of scrap - arising from Fourdrinier Wire Cloth, Dandy Rolls, Dandy Accessories, Copper Alloy wires, and Copper Alloy strips. The Appellants claimed classification under different Tariff Items for each type of scrap. The Asstt. Collector initially classified the scraps under Item 68 and 26A, with some discrepancies. The Appellate Collector further modified the classification, leading to the dispute. The Appellants argued that the classification of copper wires under Item 33B was unlawful and beyond jurisdiction. They contended that the wires were not suitable for electrical purposes but for industrial use in paper mills, as per their Industrial License. They cited instructions from the Central Board of Excise & Customs to support their claim. Additionally, they challenged the Collector's failure to consider these instructions while classifying the wires.

Classification of Wires:
The classification of copper alloy wires was a significant point of contention. The Appellants argued that the wires should not be classified under Item 33B but under Item 68, as they were not intended for electrical use. They highlighted that the wires were made of Brass and Phosphor Bronze, unsuitable for electrical purposes. The Appellants also pointed out discrepancies in the Collector's classification based on ISI specifications and historical modifications in the specifications. They emphasized that the wires should be classified under Item 26A(ia) instead of Item 33B, as per the Tariff provisions. The Appellants further argued that scraps of wires should not be classified under Item 26A(ib) as they were not manufactured products but remnants of the manufacturing process with no utility except for melting.

Appeal by Collector of Central Excise:
In a parallel appeal, the Collector of Central Excise, West Bengal sought to challenge the Appellate Collector's order and uphold the original classification by the Assistant Collector. The Collector argued that the wires in question, brought from another factory, were correctly classified under Item 68, not Item 33B. They presented evidence supporting the non-electrical use of the wires and certifications from the National Test House. The Collector contended that the Appellate Collector's classification was incorrect in law and requested the Tribunal to set aside the Appellate Collector's order.

Tribunal's Decision:
The Tribunal agreed with the Appellants regarding the classification of copper alloy wires, ruling that they should be classified under Item 68, not Item 33B. The Tribunal also concurred with the Appellants' argument on the classification of scrap of wires under Item 26A(ib) instead of Item 68. The Tribunal modified the Appellate Collector's order accordingly, applying the decision to both appeals before the Bench. The Tribunal's decision resolved the classification disputes and provided clarity on the correct Tariff Items for the scraps and wires in question.