2018 (4) TMI 951 - AT - Central Excise

Scope of SCN - classification of goods - henna powder cleared in unit packs of 25/50/100 grams - disregard of case law relied upon in the orders of the lower authorities - Held that - It would appear that the end use has not been considered by the original authority despite relying upon the earlier decision of the Tribunal in relation to presentation in unit packs - Moreover the two lower authorities have classified the goods under a heading that was not contemplated in the SCN. Admittedly the SCN itself has been disregarded by the lower authorities and the issue raised by the appellant on the scope of classification requires reconsideration - the matter requires to be considered afresh - appeal allowed by way of remand.

Summary

Issues: Classification of goods under Central Excise Act, 1944; Disregard of case law in lower authorities' orders

The judgment by the Appellate Tribunal CESTAT Mumbai involved the classification of goods under the Central Excise Act, 1944, and the disregard of case law in the lower authorities' orders. The appellant, a manufacturer of henna powder, claimed to have followed a Tribunal decision for classification under specific headings. The original authority confirmed demand and imposed penalties, leading to an appeal before the Commissioner of Central Excise (Appeals), who rejected the appeal. The appellant argued that their product should not be classified as hair dye, citing previous Tribunal decisions. The Tribunal noted that the end use was not considered by the original authority and that the goods were classified under a heading not mentioned in the show cause notice, referencing a case where it was held that issues beyond the show cause notice scope cannot be agitated.

In the judgment, the Tribunal referred to a case involving imported goods to emphasize that issues not raised in the show cause notice cannot be agitated before higher authorities. This principle was further supported by another case law, highlighting that authorities cannot go beyond the scope of the show cause notice. The Tribunal reiterated that the adjudicating authority must adhere to the issues raised in the notice and cannot classify products under headings not mentioned. The judgment emphasized that the Commissioner (Appeals) lacks the power to travel beyond the show cause notice's scope, as supported by various precedents, ultimately setting aside the impugned order.

Additionally, the judgment cited a Supreme Court case where multiple show cause notices were issued for different periods, clarifying the invocation of the extended period of limitation in one notice. The Tribunal found that the lower authorities disregarded the show cause notice, necessitating a reconsideration of the classification issue. Consequently, the matter was remanded back to the original authority for a fresh consideration, emphasizing the importance of adhering to the show cause notice and addressing the classification aspects raised by the appellant.

In conclusion, the judgment highlighted the significance of adhering to the issues raised in the show cause notice, the limitations on authorities to go beyond the notice's scope, and the necessity for a reconsideration of classification matters disregarded by lower authorities.