2015 (5) TMI 1094 - AT - Central Excise

Classification of manufactured item - pre-pregs - classified as sheets or under CETH 3926.90? - benefit of N/N. 8/96-C.E., dated 23-7-1996 - Held that - reliance placed in the case of NANYA IMPORTS & EXPORTS ENTERPRISES Versus COMMR. OF CUS., CHENNAI 2000 (4) TMI 101 - CEGAT, CHENNAI , where it was held that the material in roll form of 50 metres length has to be considered as sheetings - In this case also pre-pregs are in roll form of 50 metres length. Note 10 to Chapter 39 of Schedule to Central Excise Tariff Act, 1985 clearly shows that sheets are covered under CETH 3920-3921. The note clearly refers only to sheets and not sheetings. A clear distinction has been made between sheetings and sheets by the Tribunal in the case of Nanya Exports & Imports and reliance of the Commissioner on this decision is appropriate. No contrary decision has been produced before us of any superior forum. Once the classification under 3926 90 is upheld, exemption from duty is available in terms of N/N. 8/96-C.E., dated 23-7-1996. Appeal dismissed - decided against Revenue.

Summary

Issues involved:
Classification of pre-pregs under Notification No. 8/96-C.E., marketability of pre-pregs, reliance on legal precedents, classification under CETH 3926.90, applicability of exemption notification, acceptance of classification by appellant, distinction between sheets and sheetings, marketability issue.

Detailed Analysis:

Classification of pre-pregs under Notification No. 8/96-C.E.:
The appellant claimed exemption under Notification No. 8/96-C.E. for fabric based laminates and articles of plastics. The Revenue contested this claim, alleging that the pre-pregs manufactured by the appellant were in sheet form and marketable, thus not qualifying for the claimed exemption. The Commissioner initially dropped the proceedings, upholding the appellant's classification. The Revenue appealed this decision, arguing that the pre-pregs were marketable sheets and should not be exempted under the notification.

Reliance on Legal Precedents:
The appellant relied on the decision of the Hon'ble Supreme Court in CCE v. Wood Polymers Ltd. to support their classification of pre-pregs as sheetings. However, the Revenue cited the case of Nanya Imports and Exports Enterprises v. CCE, Chennai, where the Tribunal discussed the distinction between "sheet" and "sheetings" in the context of classification. The Tribunal's decision in Nanya case emphasized that items in rolled form should be considered sheetings, not sheets cut to size.

Classification under CETH 3926.90 and Applicability of Exemption Notification:
The Tribunal analyzed the classification of pre-pregs in roll form, comparing it to similar cases like Nanya Imports & Exports. The Commissioner accepted the appellant's claim that pre-pregs were cleared in roll form, falling under CETH 3926.90. The Tribunal noted that exemption from duty was available under Notification No. 8/96-C.E. for products classified under CETH 3926.90, with no contradictory submissions on this issue.

Acceptance of Classification and Distinction between Sheets and Sheetings:
The Tribunal considered the appellant's acceptance of the classification and previous decisions regarding cotton fabric laminates. The Commissioner observed that the impugned goods were cleared in roll form, not sheet form, aligning with the classification under CETH 3926.90. The distinction between sheets and sheetings was crucial in determining the correct classification, supported by Note 10 to Chapter 39 of the Schedule to Central Excise Tariff Act, 1985.

Marketability Issue:
Although the appellants raised the marketability issue, the Tribunal found it unnecessary to address it due to the clear classification of pre-pregs. The decision to dismiss the Revenue's appeal was based on the observations regarding classification, acceptance of claims, and lack of contradictory evidence or superior forum decisions.

This comprehensive analysis of the judgment highlights the key issues, legal arguments, reliance on precedents, and the Tribunal's reasoning behind the decision to uphold the classification of pre-pregs under CETH 3926.90 and the applicability of the exemption notification.