2000 (5) TMI 67 - AT - Central Excise

Summary

Issues Involved:
1. Classification of "Roladeck" panels.
2. Applicability of Central Excise duty.
3. Imposition of penalty and confiscation of property.

Issue-wise Detailed Analysis:

1. Classification of "Roladeck" Panels:
The primary issue was whether the "Roladeck" panels manufactured by the appellant should be classified under Chapter sub-heading 7216.20 as angles, shapes, and sections of iron or non-alloy steel, or under Chapter sub-heading 8708.00 as parts and accessories of motor vehicles. The appellant contended that the panels, made from steel sheets/strips purchased from Steel Authority of India Ltd. and processed through cold forming mills, were merely articles, sheets, and sections as defined in Chapter Note 1(n) to Chapter 72, and should be classified under Tariff sub-heading 7216.20. The adjudicating authority, however, classified them under Chapter sub-heading 8708.00, asserting that they were parts of motor vehicles as they were manufactured according to customer specifications for use in motor vehicles.

The Larger Bench examined previous conflicting decisions and concluded that the panels in question, which were further processed by the customers (e.g., spot welding, adding stiffeners, etc.), did not directly constitute parts of motor vehicles. They were classified as angles, shapes, and sections under sub-heading 7216.20, as they were not further worked upon before being cleared from the factory.

2. Applicability of Central Excise Duty:
The show cause notice issued to the appellant claimed that the panels should attract a duty of 20% ad valorem under Chapter sub-heading 8708.00, instead of Rs. 365.00 per metric tonne under Chapter 72. The appellant argued that the goods were correctly classified under Chapter 72 and thus attracted the appropriate duty. The Larger Bench upheld the appellant's classification under Chapter sub-heading 7216.20, which meant that the duty imposed by the adjudicating authority was incorrect.

3. Imposition of Penalty and Confiscation of Property:
The adjudicating authority had imposed a penalty of Rs. 25 lakhs under Rule 173Q of the Central Excise Rules, 1944, and ordered the confiscation of the appellant's land, building, plant, and machinery, with an option for redemption on payment of a fine of Rs. 5 lakhs. Given the Larger Bench's decision on the correct classification of the goods, the basis for the penalty and confiscation was undermined. The appeal was disposed of without further direction on these issues, implying that the penalties and confiscation orders were not upheld.

Conclusion:
The Larger Bench concluded that the "Roladeck" panels should be classified under Chapter sub-heading 7216.20 as angles, shapes, and sections, not as parts and accessories of motor vehicles under Chapter sub-heading 8708.00. This classification decision negated the higher duty and penalties imposed by the adjudicating authority. The appeal was disposed of in favor of the appellant, aligning with the interpretation of the Central Excise Tariff Act and the Harmonized System of Nomenclature (HSN).