1994 (6) TMI 64 - AT - Central Excise

Summary

Issues: Classification of steel tables and cup-boards under Tariff Item 40 or Tariff Item 68, liability for duty, penalty imposition.

Classification Issue:
The appeal involved the classification of steel tables and cup-boards manufactured by the appellant for fitting into mobile service units under Tariff Item 40 or Tariff Item 68. The Collector of Central Excise held that the goods were dutiable under Tariff Item 40, leading to a demand for duty and imposition of a penalty. The appellant contended that the items were specially designed for mobile service units and should not be classified as iron and steel furniture under Tariff Item 40. The appellant presented technical literature and photographs to support their argument, referencing a Tariff Advice and past orders. However, the tribunal found insufficient evidence to prove that the items were specially designed for mobile units, upholding the classification under Tariff Item 40. The tribunal dismissed the appeal, emphasizing the lack of evidence supporting the appellant's claim of specialized design for mobile units.

Liability for Duty Issue:
The appellant argued that the steel tables and cup-boards were integral parts of the mobile service units and, therefore, not liable to duty under Tariff Item 40. They referenced past orders and circulars to support their position. On the other hand, the Department contended that the items were separate identifiable furniture falling under Tariff Item 40, justifying the duty demand. The tribunal noted that each component of the mobile service unit was not specially designed for it, leading to the affirmation of duty liability under Tariff Item 40. The tribunal upheld the duty demand based on the classification of the items as iron and steel furniture.

Penalty Imposition Issue:
The tribunal also addressed the penalty imposed on the appellant for not following the prescribed procedure and not discharging the duty liability before using the fabricated items in the mobile units. It was determined that the penalty was justified due to the appellant's failure to declare the items separately, follow the prescribed procedure, and pay the duty before fitting them into the mobile units. The tribunal upheld the penalty imposition in light of the appellant's non-compliance with the duty payment requirements.

In conclusion, the tribunal upheld the classification of the steel tables and cup-boards under Tariff Item 40, affirmed the duty liability, and justified the penalty imposition due to the appellant's failure to comply with duty payment procedures. The appeal was dismissed, emphasizing the lack of evidence supporting the appellant's claim of specialized design for mobile units and the separate classification of the items as iron and steel furniture under Tariff Item 40.