1978 (8) TMI 89 - CGOVT - Central Excise

Summary

Issues:
1. Classification of products under Central Excise Tariff and exemption eligibility under notification 156/65.
2. Interpretation of whether products are alkyd resins or urea/melamine resins.
3. Legal issue of estoppel regarding the show cause notice for review.
4. Technical argument on the manufacturing process and classification of products as resins.

Analysis:
1. The case involved the classification of two products, Super Beckamine 27-566 and Beckamine 3530-50, under the Central Excise Tariff and their eligibility for exemption under notification 156/65. The Asstt. Collector initially ruled that the products were not covered by the exemption as they were modified alkyd resins. However, the Appellate Collector allowed the appeal, stating that modified alkyd resins were included in the exemption notification.

2. The Central Government, upon review, tentatively held that the products were urea/melamine resins based on technical information from the party's pamphlet and external sources. The Government observed that the products were different from alkyd resins mentioned in the notification. The party argued that the Government's change in stance from the original decision was beyond the scope of the review under Section 36(2) of the Central Excises & Salt Act, 1944.

3. The legal issue of estoppel was raised by the party, contending that the Government cannot be bound by the actions of its functionaries. The Government noted that there is no estoppel on the part of the Government based on the actions of its officials, citing established legal principles.

4. Regarding the technical aspects, the party argued that the products did not undergo polymerization but rather an increase in molecular weight through chemical processes. The Government analyzed the manufacturing process and concluded that the products were resinous materials falling under Item 15A (i) of the Central Excise Tariff, considering the condensation and polycondensation processes involved. The Government also highlighted industry references categorizing the products as synthetic resins, supporting their classification as resins under the tariff.

In conclusion, the Government set aside the order-in-appeal and ruled that the products were assessable under Item 15A (i) of the Central Excise Tariff, thereby not qualifying for the exemption under notification 156/65.