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Issues:
1. Whether the "Heat Sealing Tape" manufactured by the petitioner is liable to excise duty under item No. 15-A(2) and item No. 59 of the Central Excise Act. Analysis: The petitioner, a small-scale industry, manufactures "Heat Sealing Tape" excluded from flexible PVC, mainly used for insulation. Initially, the Superintendent of Central Excise held the product liable for duty under item No. 15-A(2), which was challenged by the petitioner. Subsequently, a new tariff item No. 59 was introduced, specifying "Electric Insulating Tapes." The petitioner claimed benefit under this new item, but the Superintendent rejected it, stating it applied to cotton insulating tape only. However, a notification exempted products under item No. 15-A(2) from duty if manufactured by units with capital investment below Rs. 7.5 lakhs. The Assistant Collector granted the petitioner exemption under this notification. Despite this, the Superintendent insisted on duty under item No. 59, leading to the petitioner challenging this action through a writ petition under Article 226 of the Constitution. The petitioner argued that historically, authorities had consistently treated the product as falling under item No. 15-A(2) and had granted exemption accordingly. The sudden shift by the Superintendent to item No. 59 was baseless and without merit. The court agreed, noting that the Assistant Collector's decision in 1973, confirming liability under item No. 15-A(2), was valid and binding. The court emphasized that a mere change in opinion without a valid basis is insufficient to impose duty on the taxpayer. It held that the Superintendent's decision to levy duty under item No. 59 was illegal and unjust, as the authorities were uncertain about the correct classification of the product. The Department argued that the product should be classified under item No. 59 due to its use in insulation from heat and electricity. However, the court rejected this argument, highlighting that the Assistant Collector's decision in 1973, post the introduction of item No. 59, confirmed liability under item No. 15-A(2). The court emphasized that in cases of uncertainty, the benefit should favor the taxpayer. It distinguished a Supreme Court decision cited by the Department, stating it was not applicable to the present circumstances. In conclusion, the court ruled in favor of the petitioner, making the rule absolute without costs. The bank guarantee furnished by the petitioner was discharged in light of the judgment.
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