2008 (1) TMI 217 - AT - Central Excise

Benefit of concessional rate of duty u/not.12/94 as amended by Not.14/95 in respect of their products viz. Softcat-110 & Softcat-175 falling u/ch 34.03 - Notification does not distinguish between lubricating preparations of sub-heading 3403.00 and preparations of a kind used for the oil or grease treatment of textile materials etc. covered by sub-heading 3403.90 - benefit of the Notification is applicable to all preparations covered by CH 34.03 as rightly held by the lower authorities

Summary

Issues:
Interpretation of Notification No.12/94-CE and Notification No.14/95-CE regarding concessional rate of duty for products "Softcat-110" and "Softcat-175" under Heading 34.03 of Central Excise Tariff Act.

Analysis:
The appeal before the Appellate Tribunal CESTAT, CHENNAI involved a dispute regarding the applicability of concessional rate of duty under Notification No.12/94-CE and Notification No.14/95-CE to products "Softcat-110" and "Softcat-175" classified under Heading 34.03 of the Central Excise Tariff Act. The department issued a show-cause notice denying the benefit of the Notification to the respondents, seeking to recover differential duty. The dispute centered around whether the products fell under the category of "lubricating preparations" or "preparations of a kind used for the oil or grease treatment of textile materials." Both the original authority and the first appellate authority had ruled in favor of the respondents, holding that the benefit of the Notification applied to all lubricating preparations under Heading 34.03 without distinction between the two categories.

Upon examination of the case and hearing the department's arguments, the Tribunal found the Revenue's case unconvincing. The appellant contended that only "lubricating preparations" were eligible for the Notification's benefit, relying on HSN Notes. However, the Tribunal noted that the goods in question were used for softening textile fabrics, which fell within the scope of "preparations for the lubricating, oiling or greasing of textiles" as per HSN Notes. The Tribunal further analyzed the Tariff Heading 34.03, which included both "lubricating preparations" and "preparations of a kind used for the oil or grease treatment of textile materials." The Tribunal concluded that the products in question, even if used for softening textile fabrics, could be considered "lubricating preparations" under the generic term used in the Notification. The Tribunal emphasized that the Notification did not distinguish between the sub-headings 3403.00 and 3403.90, indicating that the benefit applied to all preparations covered by Heading 34.03, as determined by the lower authorities.

Ultimately, the Tribunal dismissed the Revenue's appeal, upholding the lower authorities' decision that the benefit of the Notification was applicable to all preparations falling under Heading 34.03, including the products "Softcat-110" and "Softcat-175." The operative part of the order was pronounced in open court on 28.1.2008.