2005 (5) TMI 110 - AT - Central Excise

Summary

Issues: Classification of goods under Central Excise Tariff - Applicability of sub-heading 9506.00 for sports goods accessories.

In this case, the Revenue filed appeals against the Order-in-Appeal by the Commissioner (Appeals), Ghaziabad, regarding the classification of goods manufactured by the appellants under the Central Excise Tariff. The appellants declared the goods under Tariff Sub-Heading 9506.00 as 'sports goods', while the Revenue contended that the goods should be classified under sub-heading 7419.99 as 'other articles of copper'. The appellants argued that the goods, including medals, cups, shields, and trophies, are awarded for sports competitions and should be considered sports goods accessories under sub-heading 9506.00. They also cited a decision by the Commissioner (Sales Tax) to support their classification. On the other hand, the Revenue maintained that the goods are not accessories of sports and are awarded for achievements in various fields, thus falling under sub-heading 9506.00. The Tribunal analyzed the scope of sub-heading 9506.00, which covers articles and equipment for physical exercise, sports, and outdoor games, and concluded that the goods in question do not fall within this category. The Tribunal agreed with the Revenue's classification under sub-heading 7419.99 for other articles of copper, finding no error in the impugned order.

Regarding the penalties imposed on the firm and the partner, the Tribunal noted that the dispute over classification was a legal issue. Therefore, the penalties were set aside as the issue was resolved through the classification determination. The appeal filed by the firm was disposed of accordingly.