1986 (12) TMI 267 - AT - Central Excise

Summary

Issues: Classification of Alkali Resistant White Map Litho Printing Paper under Central Excise Tariff.

1. Classification Dispute:
The judgment involves a dispute regarding the classification of Alkali Resistant White Map Litho Printing Paper under the Central Excise Tariff. The appellant claimed classification under Item No. 17(1) of the Central Excise Tariff, while the authorities classified it under Item No. 17(2). The Appellate Collector upheld the classification under Item 17(2), leading to the appeal before the Tribunal.

2. Legal Arguments - Appellant's Perspective:
The appellant argued that the basis of end use for classification under a tariff entry is irrelevant, and the product should be classified based on common parlance understanding. Reference was made to judgments emphasizing that once articles are known in common parlance, statutory classification under a particular entry is appropriate. The appellant also cited cases where similar products were classified differently based on their nature and characteristics, supporting the classification under Item 17(1).

3. Legal Arguments - Respondent's Perspective:
The respondent contended that the classification by the lower authority was correct, as anything not falling under Tariff Item 17(1) should be classified under 17(2). The respondent supported the lower authorities' order and urged for the dismissal of the appeals.

4. Tribunal's Analysis:
The Tribunal analyzed the classification issue and found that the alkali resistant paper should be assessed under Item 17(1) as it remains a printing paper and not categorized under "all other kinds of paper" specified in sub-item 17(2). The Tribunal noted that the paper's resistance to alkalis did not transform it into a new product but only improved its quality. The judgment criticized the lack of reasoning provided by the lower authorities and emphasized that the paper's name and characteristics align more with sub-item 17(1) as a printing paper.

5. Conclusion:
The Tribunal concluded that the alkali resistant white map litho printing paper should be classified under Item 17(1) of the Central Excise Tariff as a printing paper, rejecting the classification under Item 17(2). The judgment highlighted the specificity of the product's nature and characteristics in determining its appropriate classification under the tariff entry, emphasizing the importance of common parlance understanding and the product's inherent qualities in classification decisions.