1981 (5) TMI 27 - CGOVT - Central Excise

Summary

Issues: Classification of goods for duty under Central Excise Tariff, applicability of Rule 9(2) and Rule 10 of Central Excise Rules, time-barred demands.

In this judgment, the issue revolved around the classification of goods for duty under the Central Excise Tariff. The Asstt. Collector had demanded duty on goods claimed to be lipstick containers, classifying them as aluminium containers under item 27(f) of the Central Excise Tariff. The petitioners contended that the goods were not solely made of aluminium, but also contained plastic components. They argued that the impugned goods were similar to items like ball point pen covers, measuring tapes, etc., which were not considered containers. Additionally, they claimed that the demands raised for the period 1971 to 1974 in 1976 were time-barred under Rule 10 of the Central Excise Rules.

During the hearings, the petitioners explained that the goods in question were propellers/applicators used in the lipstick manufacturing process, primarily for lifting and applying lipstick, not for packaging. They detailed that the plastic body, not the aluminium sleeve, was the essential part for holding lipstick. The Government agreed with the petitioners, stating that the aluminium sleeve, being a hollow tube without the function of a container, could not be classified as such under the Central Excise Tariff. The Government also acknowledged the time-barred nature of the demands and set aside the previous order, emphasizing that the aluminium sleeve might attract duty as an aluminium tube, a point overlooked by the lower authorities.

Ultimately, the Government set aside the impugned order and allowed the revision application, highlighting the need for a reevaluation of the duty implications regarding the aluminium sleeve component of the goods.