2006 (2) TMI 70 - HC - Central Excise

In view of HC decision affirmed by SC in another case HDPE/PP tapes HDPE/PP fabrics & HDPE/woven sacks were rightly classified under chapter 39 under different sub-heads & are considered as inputs duty paid on such inputs are eligible for credit

Summary

Issues involved:
Classification of HDPE/PP tapes under Central Excise Tariff Act, 1985; Discrepancy in classification by Excise Authorities; Modvat credit availability for commodities falling under Chapter 63; Previous judicial decisions on classification issue; Validity of classification under Chapter 39.

Analysis:

1. The petitioners filed a revised classification list claiming that HDPE/PP tapes fall under Chapter 39 sub-heading No.3923.90 of the Central Excise Tariff Act, 1985, while Excise Authorities classified them under Chapter 63 sub-headings 63.01 and 63.05. The authorities argued that HDPE/woven sacks exceeding 5 mm width are classified under Chapter 63, creating a dispute regarding the correct classification of various commodities like HDPE/PP tapes, fabrics, and sacks. The Revenue contended that Modvat credit is not available for commodities falling under Chapter 63, leading to a potential recall of Modvat credit availed by the petitioner.

2. The issue of classification had been previously considered by a Division Bench in a similar case involving HDPE/PP tapes and fabrics not exceeding 5 mm width, where the court relied on decisions from the Madhya Pradesh High Court and the Karnataka High Court. These decisions favored the assessee by classifying the products under Chapter 39 instead of Chapter 54. The Madhya Pradesh High Court's decision was affirmed by the Supreme Court, and a circular issued by the Central Excise and Custom Board also supported the classification under Chapter 39.

3. Based on the previous judicial decisions and the circular, the High Court held that the commodities in question, including HDPE/PP tapes, fabrics, and woven sacks, were rightly classified under Chapter 39 sub-headings and considered as inputs. Consequently, the duty paid on these inputs was deemed eligible for Modvat credit by the petitioner company, leading to the setting aside of the impugned orders without any costs imposed.

This detailed analysis of the judgment highlights the classification dispute, previous legal precedents, and the ultimate decision in favor of the petitioner regarding the correct classification under the Central Excise Tariff Act, 1985.