2008 (4) TMI 717 - AT - Central Excise

Summary

Issues involved: Classification of precipitated Calcium Carbonate under Heading 2836.90, applicability of small scale exemption notification, consideration of cum-duty-price and modvat credit.

The judgment addresses the disputed issue of classification of precipitated Calcium Carbonate, which was previously decided by the Tribunal in the cases of M/s Chturgia Biochemicals Ltd. and Gulshan Sugar & Chemicals Works. It was held that precipitated calcium carbonate is properly classifiable under Heading 2836.90 and not under Chapter 25 as claimed by the appellant. The lower authority ruled against the appellant based on the Tribunal's decisions.

The contention that the earlier order of the Commissioner (Appeals) was in favor of the appellant and should be followed is dismissed. The Tribunal's decision in the case of Gulshan Sugar & Chemicals Works, upheld by the Hon'ble Supreme Court, establishes the classification under Heading 2836.90. Therefore, the Tribunal rejects the appeal and upholds the classification decision for the subsequent period.

The appellant's claim for the benefit of small scale exemption notification was not considered due to the focus on the classification issue. The matter is remanded to the original adjudicating authority to assess the appellant's duty liability, considering their claim for small scale exemption benefit and the applicability of cum-duty-price and modvat credit, subject to the production of duty paying documents.

The appeal is disposed of with the decision to remand the matter for further assessment by the original adjudicating authority, taking into account the small scale exemption benefit claim and the aspects of cum-duty-price and modvat credit.