2004 (8) TMI 171 - AT - Central Excise

Summary

Issues: Classification of Ready Mix Concrete under Central Excise Act, 1944 prior to 1-3-1997 and thereafter under 3824.20.

In this judgment by the Appellate Tribunal CESTAT, Mumbai, the issue at hand is whether a mixture of cement, sand, and stone aggregates, taken to a site in special trucks where it is mixed with water and plasticizer, should be charged to duty as 'Ready Mix Concrete' under Heading 38.23 before 1-3-1997 and under 3824.20 thereafter. The Tribunal notes that the issue of Ready Mix Concrete classification has been settled in favor of the assessees by a previous decision and subsequent Supreme Court dismissal. Therefore, demands up to 1-3-1997 are to be allowed, regardless of the entity being treated as Ready Mixed Concrete, as disputed by the appellant and Revenue.

Regarding Appeal No. E/650/02 covering a demand for the period 1-1-1997 to 5-3-1997, the Tribunal finds that the department issued show cause notices two years prior to the relevant date, making the invocation of the proviso clearance of Section 11A(1) unnecessary. Referring to Circulars on Ready Mixer Cement, the Tribunal concludes that doubts about the classification of Ready Mix Concrete existed, benefiting the appellant as per legal precedents. The Tribunal also discusses the specifics of batching and mixing, emphasizing the importance of water in achieving the essential characteristics of Ready Mix Concrete, as defined by ISI specification 4926-1976. It is noted that without water and plasticizers, the entity cannot be considered Ready Mix Concrete, and therefore, duty demands under 3824.20 are not approved, and penalties imposed are not upheld.

In conclusion, the Tribunal orders that all appeals, including Appeal No. E/650/02, are to be allowed based on the analysis and findings presented.