1986 (11) TMI 278 - AT - Central Excise

Summary

Issues:
- Classification of goods under Central Excise Tariff
- Liability to pay duty on goods manufactured during the period of exemption but cleared after exemption was withdrawn

Classification of Goods under Central Excise Tariff:
The case involved the classification of goods manufactured by the appellants under the Central Excise Tariff. The goods were initially classified under 15A(2) of the Central Excise Tariff and were exempted from duty until a notification on 28-2-1982 required duty payment at 8% ad valorem. Another notification on 22-4-1982 exempted the goods again. The appellants contended that the goods, specifically "Indola PVC Grips," should be classified as non-specified parts of motor vehicles under T.I. 68 instead of articles of plastic under T.I. 15A(2). The Assistant Collector accepted one contention but rejected the other two, leading to an appeal before the Collector of Central Excise (Appeals).

Liability to Pay Duty on Goods Manufactured During Exemption Period:
The dispute arose regarding goods cleared by the appellants between 28-2-1982 and 21-4-1982. The appellants argued that goods manufactured during the period of total exemption prior to 28-2-1982 should not be charged duty at the time of clearance, even if the exemption was removed. The Collector of Central Excise (Appeals) rejected this argument, citing judgments of various High Courts. However, the appellants successfully argued before the Appellate Tribunal that goods fully exempted from duty at the time of manufacture should not be liable to duty at the time of clearance after the exemption was withdrawn.

Judgment:
The Appellate Tribunal held that the goods manufactured by the appellants during the period of full exemption should not have been charged duty at the time of clearance, even after the exemption was withdrawn. The Tribunal referred to various judgments supporting this principle and allowed the appeal on this ground. However, it directed the appellants to prove to the Central Excise authorities that the goods for which relief was sought were actually produced before 28-2-1982 and cleared during the disputed period. The Tribunal disposed of the appeal with this decision, providing the appellants with an opportunity to substantiate the production dates of the goods in question.