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2017 (3) TMI 415 - AT - Central ExciseClassification of goods - tents made of cotton - classified under Chapter sub-heading No. 630600 of CETA, 1985 or not? - benefit of N/N. 29/04-CE dated 09.07.2004 - Held that - there is no dispute that the goods cleared by the respondent-assessee are falling under Chapter 63. There is also no dispute that said N/N. 29/04-CE dated 09.07.2004 provides exemption to all the goods falling under Chapter 61, 62 & 63 exempt goods of sub Heading No. 6307.10. There is no dispute that the tents cleared and referred by the said SCN did not contain any textile materials other than cotton - Therefore, the description of the goods covered by the said SCN matches with the entry in the said notification stating to be cotton, not containing any other textile material - goods were rightfully attracting 4% duty as provided by the said exemption under N/N. 29/04-CE dated 09.07.2004 - appeal dismissed - decided against Revenue.
Issues:
Classification of goods under Chapter sub-heading No. 630600 of Central Excise Tariff Act, 1985 for tents made of cotton and availing Cenvat credit. Interpretation of Notification No. 29/04-CE dated 09.07.2004 for concessional duty rates based on the materials used in manufacturing tents. Dispute regarding the eligibility of tents for the benefit of the notification due to the presence of non-textile materials like metallic components. Adjudication of differential duty demands raised through show cause notices and subsequent appeals challenging the orders. Analysis: The judgment involves a dispute over the classification and duty rates applicable to tents manufactured by a company under Chapter sub-heading No. 630600 of the Central Excise Tariff Act, 1985. The company availed Cenvat credit and paid duty at 4% by benefiting from Notification No. 29/04-CE dated 09.07.2004. The Revenue contended that the tents contained non-textile materials like Angle Pin, U Pin, joints, and aluminum rods, making them ineligible for the concessional duty rate. Show cause notices were issued, demanding differential duty amounts, leading to adjudication through Order-in-Original. The Original Authority upheld the classification under Chapter 63, emphasizing that even disassembled tents with separate parts and fabric should be classified under the specific entry describing the goods. It was established that as long as the metallic parts were included in the value of the tent and cleared along with fabric, they were eligible for the 4% duty rate. In subsequent periods, additional show cause notices were issued, reiterating similar allegations and demanding differential Central Excise duty. Orders-in-Original confirming the demands were challenged before the Commissioner (Appeals), who, based on the same arguments presented earlier, set aside the original orders. The Revenue appealed these decisions before the Tribunal, seeking to remand the matter for re-determination of duty at 8% adv. However, after considering the contentions and records, the Tribunal found that the goods cleared by the respondent fell under Chapter 63 and matched the description in Notification No. 29/04-CE, attracting the 4% duty rate. Therefore, both appeals filed by the Revenue were dismissed, granting the respondent-assessee consequential relief. The judgment highlights the importance of accurate classification under the Central Excise Tariff Act and the eligibility criteria for concessional duty rates specified in notifications. It emphasizes the interpretation of rules governing the classification of goods and the inclusion of various components in determining the applicable duty rates. The Tribunal's decision underscores the need for consistency in applying statutory provisions and the significance of factual evidence in resolving disputes related to duty liabilities on manufactured goods.
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