2005 (4) TMI 62 - SC - Central Excise

EXCISE DUTY CLASSIFICATION GREY COTTON CANVAS CLOTH AND GREY COTTON FABRICS - Classification under Chapter 52 or under Chapter 5911.90 - Held that - decision in Jyoti Overseas Limited (2001 (4) TMI 114 - CEGAT, COURT NO. IV, NEW DELHI) has been approved by this Court in judgment Commissioner of Central Excise, Nagpur v. M/s. Simplex Mills Co. Ltd. 2005 (3) TMI 117 - SUPREME COURT OF INDIA Therefore it is held that the goods manufactured by the respondent were classifiable under Chapter 52 and not under Chapter 5911.90 as contended by the Revenue - Decided against Revenue.

Summary

Issues: Classification of goods under Central Excise and Tariff Act, 1985; imposition of central excise duty; personal penalty and interest on delayed payment.

In the judgment delivered by the Supreme Court of India, the issue revolved around the classification of goods under the Central Excise and Tariff Act, 1985. The respondent Textile Mills had cleared grey cotton canvas clothes and grey cotton fabrics without paying central excise duty, claiming classification under Chapter 52 of the Act where the duty rate was nil at the relevant time. However, the Revenue Authorities argued that the goods should be classified under sub-heading 5911.90 of the Tariff, making them liable for central excise duty at specified rates. A show cause notice was issued, questioning the non-payment of duty. The Additional Commissioner of Central Excise, referring to a previous case, confirmed the duty demand, imposed personal penalties, and ordered interest on delayed payments, extending the demand to M/s. Moti Lal Traders who took over the premises after the respondent Textile Mills closed down.

The respondent and M/s. Moti Lal Traders appealed to the Commissioner of Central Excise (Appeals), and their appeals were allowed based on a decision by a Larger Bench of the Tribunal in Jyoti Overseas Limited v. CCE, Indore, which contradicted the earlier case law. The Tribunal upheld the decision based on the same grounds, leading to a further appeal. The Supreme Court, in a judgment dated 1st March, 2005, in a related case, Commissioner of Central Excise, Nagpur v. M/s. Simplex Mills Co. Ltd., approved the decision in Jyoti Overseas Limited, establishing that the goods in question were correctly classifiable under Chapter 52 and not under Chapter 5911.90 as argued by the Revenue Authorities. Consequently, the appeals were dismissed, affirming the classification of the goods under Chapter 52 and negating the central excise duty demand under Chapter 5911.90.