2003 (1) TMI 115 - SC - Central Excise

Changing classification - Insulating fittings - invoking first proviso to sub-section (1) of Section 11A - Held that - The Tribunal correctly arrived at the conclusion that the goods manufactured by the petitioners were classifiable under Heading 85.47. The argument that goods were not made wholly of insulating material and to which plasticisers, fillers etc., have been added for the purpose of bringing down the cast was rightly rejected by the Tribunal by considering the wording of Heading 85.47. Hence, in our view, the said findings rendered by the Tribunal do not call for interference. Prima facie, it is apparent that there was no justifiable reason for invoking larger period of limitation. There is no suppression on the part of the appellant-firm in mentioning the goods manufactured by it. By merely claiming it under heading 3926.90 it cannot be said that there was any wilful misstatement or suppression of fact. Hence, there was no justifiable ground for the Tribunal for invoking the first proviso to sub-section (1) of Section 11A of the Act. Appeals are allowed, impugned orders passed by the Tribunal are modified. Order imposing penalty is set aside

Summary

Issues:
Classification of goods under specific tariff headings; Justifiability of invoking extended period of limitation under Section 11A.

Analysis:
1. The appellants, manufacturing Epoxy Cast Components and insulating fittings for electrical machines, submitted a classification list in 1987, claiming classification under sub-heading 3926.90 and 8547.00 respectively. The concerned officer endorsed that the goods were correctly classifiable under Chapter No. 7014.00. The Department later accepted the classification.

2. Subsequently, a show cause notice was issued, demanding a change in classification and imposing penalties. The appellants appealed to the Customs, Excise and Gold (Control) Appellate Tribunal, New Delhi.

3. The Tribunal determined that the goods manufactured by the appellants were classifiable under Heading 85.47, as insulating fittings for electrical machines. The Tribunal rejected the argument that the goods were not wholly made of insulating material, citing the wording of Heading 85.47 and a previous decision by the Bombay High Court.

4. The Tribunal's findings were upheld as the appellants' counsel failed to demonstrate any error in the Tribunal's conclusions. The Tribunal's decision was considered valid and not subject to interference.

5. The question arose whether the Tribunal was justified in invoking the first proviso to Section 11A(1) for an extended period of limitation. The Supreme Court found no justifiable reason for the extended period, as there was no wilful suppression or misstatement of facts by the appellant. The Court emphasized that invoking an extended period requires wilful suppression, which was not present in this case.

6. Consequently, the appeals were allowed, and the impugned orders by the Tribunal were modified. The penalty imposed was set aside, allowing the Department to recover the payable amount for six months from the date of the show cause notice.

7. In a separate set of appeals against the classification of goods, the Court found no illegality or error in the classification. Therefore, these appeals were dismissed with no order as to costs in all appeals.