1983 (3) TMI 191 - AT - Central Excise

Summary

Issues: Classification of goods under Tariff Entry 22F of the CET based on mineral fibre content and applicability of the test of predominance introduced in 1979. Allegation of unilateral revision of Classification List by Assistant Collector violating principles of natural justice.

Classification Issue:
The case involved a dispute over the classification of products under Tariff Entry 22F of the Central Excise Tariff (CET) based on their mineral fibre content. The appellant contended that their products, though containing glass fibre, were primarily articles of plastics and should be classified under Tariff Entry 15A(2) for exemption. The Assistant Collector and Appellate Collector classified the goods under Tariff Entry 22F(iv) due to the presence of mineral fibre, rejecting the appellant's arguments. The appellant highlighted the subsequent amendment in 1979 introducing the test of predominance for classification, arguing that this indicated the legislative intent to classify goods predominantly made of mineral fibre. The Trade Notice issued by the Bombay Collectorate further supported the appellant's position that glass fibre reinforced plastics fell under Tariff Entry 15A(2) and not 22F. However, the Tribunal upheld the classification under Tariff Entry 22F for the relevant period, emphasizing that the amendment did not have retrospective effect and the wording of the Explanation (iv) at that time encompassed all manufactures containing mineral fibre, regardless of the percentage. The Tribunal concluded that the goods, predominantly made of glass fibre, fell under Tariff Entry 22F, dismissing the appeal.

Unilateral Revision Allegation:
The appellant also raised concerns about the Assistant Collector unilaterally revising the Classification List approved earlier without proper hearing, alleging a violation of natural justice principles. However, during the hearing, the appellant chose not to press this plea and focused on the merits of the classification issue instead. The Tribunal noted the appellant's argument but proceeded to evaluate the classification matter based on its merits and legal interpretation. The Tribunal found no merit in the argument regarding the violation of natural justice, as the appellant opted to proceed with the substantive classification dispute rather than seeking a de novo adjudication based on procedural grounds.

In conclusion, the Tribunal upheld the classification of the goods under Tariff Entry 22F of the CET for the relevant period, emphasizing the absence of retrospective effect for the 1979 amendment introducing the test of predominance. The decision highlighted the legislative intent at the time and the clear wording of the Explanation (iv) encompassing goods containing mineral fibre. The Trade Notice and subsequent orders were deemed insufficient to override the statutory classification criteria. The Tribunal dismissed the appeal, affirming the classification under Tariff Entry 22F and rejecting the appellant's contentions regarding the applicability of Tariff Entry 15A(2) and the procedural concerns raised regarding the revision of the Classification List.