2006 (7) TMI 209 - SC - Central Excise

Classification of goods - classification of three products namely Pitch Creosote Mixture (PCM) Road Tar and Pitch - Held that - In view of the decision of this Court in Steel Authority of India Ltd. (2004 (1) TMI 399 - SUPREME COURT OF INDIA) PCM Road Tar and Pitch are held to be classifiable under Chapter heading 2708.11. Accordingly the appeal filed by the Revenue insofar as products PCM and Road Tar are concerned is accepted while the same is dismissed insofar as the product Pitch is concerned - Decided against Revenue.

Summary

Issues involved: Classification of Pitch Creosote Mixture (PCM), Road Tar, and Pitch under specific Chapter headings for excise duty purposes.

Analysis:
1. The Tribunal initially classified PCM and Road Tar under Chapter heading 2706 and Pitch under Chapter heading 2708.11.
2. The Commissioner of Central Excise challenged this classification, arguing that PCM and Road Tar should be under Chapter heading 2708.11 and Pitch under 2708.19.
3. Both parties agreed that based on a previous judgment (Commissioner of Central Excise, Bolpur v. Steel Authority of India Ltd.), all three items should be classified under heading 2708.11.
4. The respondent sought to claim an exemption for PCM used within the factory under Notification No. 23/89 dated 1st March, 1989. However, the Commissioner rejected this claim due to lack of evidence on the quantity used, which was not challenged before the Tribunal.
5. Following the decision in Steel Authority of India Ltd., PCM, Road Tar, and Pitch were classified under Chapter heading 2708.11. The appeal by the Revenue was accepted for PCM and Road Tar but dismissed for Pitch.
6. The Tribunal's finding that the proviso to Section 11-A of the Act could not be invoked was upheld.
7. The appeal was disposed of based on the Steel Authority of India Ltd. judgment, with each party bearing their own costs.