1990 (2) TMI 161 - AT - Central Excise

Summary

Issues:
- Eligibility for total exemption from excise duty under Notification 52/86-C.E.
- Classification of goods as glass fabrics or glass fibres for duty purposes.
- Application of mind in the lower appellate authority's order.

Eligibility for Total Exemption:
The appeal concerned the eligibility of the appellants' goods for total exemption from excise duty under Notification 52/86-C.E. The appellants claimed their goods fell under Heading 7014, covered by Serial No. 10 of the notification, while the Department classified them under Serial No. 11, attracting duty at 20% ad valorem. The appellants manufactured various glasswool products and filed classification lists for exemption. A show cause notice was issued challenging this classification, leading to the appellants justifying their classification as glass fabrics eligible for exemption.

Classification of Goods:
After adjudication, the Assistant Collector held that the goods were not glass fabrics but glass fibres bonded with synthetic resin, charging duty at 20% ad valorem. The Collector (Appeals) upheld this decision, emphasizing the composition of the products as glass fibres bonded with resin, not denied by the appellants. The lower appellate authority mainly relied on the Chemical Examiner's report, disregarding technical literature, trade affidavits, manufacturing process, and legal precedents cited by the appellants. The appellate tribunal found the lower authority's order lacking in detailed reasoning and application of mind, leading to a remand for de novo adjudication.

Application of Mind in Lower Appellate Authority's Order:
The appellate tribunal, after hearing both parties, concluded that the lower appellate authority's order lacked a thorough consideration of all relevant aspects. The tribunal noted the failure to address technical literature, trade affidavits, manufacturing processes, and legal precedents cited by the appellants. As a result, the tribunal set aside the lower authority's order and remanded the matter for a fresh adjudication, emphasizing the need for detailed reasoning, consideration of all points raised, and application of mind. The tribunal directed the lower authority to pass a new order within three months, providing the appellants with a personal hearing before the fresh decision is made, ultimately allowing the appeal by way of remand.