2013 (7) TMI 246 - AT - Central Excise

Stay Application - Classification of goods Under heading 84.37 which attracted nil rate of duty or heading 84.19 which attracted duty of excise @ 8% or 10% during different periods Manufacture of Par-boiling machine - Held that - The Circular No. 924/14/2010-CX dated 19/5/2010 of the Board very clearly laid down that the Par-boiling machines are classifiable under heading 84.37- The same has been decided in case of SKF Boilers & Driers (P) Ltd. vs. CCE, Mangalore 2010 (10) TMI 230 - CESTAT, BANGALORE . The Circular has not been withdrawn by the Board till date, even after the Tribunal decision in the case of Jyoti Sales Corporation 2011 (3) TMI 1317 - CESTAT, NEW DELHI - Further all other manufacturers are adopting the classification under heading 84.37 and wherever demands have been raised against them, the same stands dropped by the Commissionerate - Machines to be falling under Chapter 84.37 - Dispense with the condition of pre-deposit of the entire amount of duty and interest and penalty and allow the stay petition unconditionally. - Decided in favor of Assessee.

Issues:
1. Classification of Par-boiling machines under heading 84.19 or 84.37.
2. Binding nature of Circular issued by the Central Board of Excise & Customs.
3. Discrepancy between Tribunal decisions in different cases.
4. Applicability of concessions made by the Departmental Representative.
5. Consistency in classification decisions across Commissionerates.
6. Pre-deposit requirement for duty, interest, and penalty.

Analysis:
1. The primary issue in this case revolves around the classification of Par-boiling machines under either heading 84.19 or 84.37 for duty purposes. The appellant claimed classification under heading 84.37 attracting nil rate of duty, while the Adjudicating Authority proposed classification under heading 84.19 with duty implications. The Tribunal referred to conflicting decisions in similar cases and emphasized the need to determine the classification based on merits rather than concessions.

2. The dispute was further complicated by a Circular issued by the Central Board of Excise & Customs classifying the product under heading 84.37. Despite this Circular, the Adjudicating Authority confirmed the demand against the appellant. The Tribunal highlighted the binding nature of such Circulars and noted that the Circular had not been withdrawn, indicating its continued relevance in the classification process.

3. The Tribunal acknowledged the discrepancy between its own decisions in different cases, specifically referencing the conflicting outcomes in the cases of SKF Boilers & Driers and Jyoti Sales Corporation. While the SKF decision favored the appellant based on the Circular, the Jyoti Sales Corporation case took a different stance, emphasizing the need for independent analysis in classification disputes.

4. The Tribunal addressed the issue of concessions made by the Departmental Representative, noting that decisions should be based on legal principles rather than concessions. The Tribunal considered the binding nature of the Circular and the lack of withdrawal as significant factors in determining the correct classification of Par-boiling machines.

5. The appellant raised concerns about the consistency in classification decisions across Commissionerates, citing instances where similar demands were dropped by other Commissionerates. The Tribunal took note of these inconsistencies and emphasized the need for uniformity in classification decisions to ensure fairness and justice in such matters.

6. Finally, the Tribunal considered the financial implications for the appellant in terms of duty, interest, and penalty. After evaluating the available Cenvat credit and the overall duty demand, the Tribunal decided to dispense with the pre-deposit requirement, allowing the stay petition unconditionally based on the Board Circular, previous Tribunal decisions, and Commissionerate actions in similar cases.

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