2011 (3) TMI 913 - AT - Central Excise

Demand - classification of Polyester Covered Yarn and Nylon Covered Yarn under Chapter 56 or 54 - the appellants fairly agrees that the issue now stands decided by the Tribunal in their own case against them - Therefore, Commissioner (Appeals) is justified in directing the appellants to deposit duty amount - Decided against the assessee.

Summary

Issues: Classification of Polyester Covered Yarn and Nylon Covered Yarn

The judgment by the Appellate Tribunal CESTAT, Ahmedabad, involved the classification of Polyester Covered Yarn and Nylon Covered Yarn. The Commissioner (Appeals) had dismissed the appeal due to non-compliance with the order to deposit Rs. 8.30 Lakhs out of the total duty of Rs. 8.68 Lakhs. The appellants claimed classification under Chapter 56, while the Revenue contended it should be under Chapter 54.

The learned advocate for the appellants acknowledged that the issue had been decided against them by the Tribunal in a previous case, with no stay of operation on that order. He also admitted that there was no financial difficulty in depositing the directed amount.

The Tribunal, after hearing the arguments, upheld the Commissioner (Appeals)' decision to direct the appellants to deposit the duty amount within six weeks and report compliance. The Commissioner would then decide the issue on merits after verifying the compliance. The stay petition and appeal were disposed of accordingly.