2013 (10) TMI 1330 - AT - Central Excise

Summary

Issues involved: Classification of the product under different tariff headings, waiver of pre-deposit of duty.

Classification Issue: The applicant had been classifying the product "Polythene VCI Paper Laminated Fabrics" under Chapter Sub-Heading 5911 90 90 since 1995, which was accepted by the Department. However, the Department proposed to classify it under a new Tariff Heading 3926 90 99. The Tribunal found no plausible reason to change the long-standing classification without substantial changes in the relevant tariff entry or manufacturing process. It was held that there was no merit in classifying the product under Chapter Sub-heading 3926 90 99. The Tribunal ruled in favor of the applicant due to the lack of substantial changes in classification criteria.

Waiver of Pre-deposit Issue: Three applications were filed seeking waiver of pre-deposit of duty amounting to &8377; 2.13 Lakhs. The demand was confirmed against the applicant for the period from February 2008 to May 2009. Considering the circumstances and the lack of merit in the Department's claim for reclassification, the Tribunal waived the pre-deposit of duty and stayed its recovery during the appeal's pendency. The Tribunal found a strong case on merit in favor of the applicant and granted the waiver accordingly.