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Issues:
Classification of properzi rods as aluminium wires under Chapter 76 of CETA, 1985, differential duty demand, penalty imposition, applicability of Chapter Notes and HSN for classification, eligibility for benefit under Notifications 150/86 and 101/88, limitation period for demand, waiver of pre-deposit of duty and penalty pending appeal. Analysis: The application pertains to a differential duty demand on properzi rods classified as aluminium wires under Chapter 76 of CETA, 1985, imposed by the Collector of Central Excise, Allahabad. The applicants argue that the product is wire rods manufactured by properzi process and commercially known as wire rods. They highlight the amendments in the Finance Bill, 1988, aligning Chapter 76 with HSN, and contend that the disputed item falls under Heading 7601.30 or 7604.10, emphasizing the absence of a defined meaning for "wire rods" in Chapter 76 Notes. The applicants assert that their classification lists approved the product as wire rods, and the demand is time-barred due to non-suppression and regular filing of gate passes and returns. Regarding the effective rate of duty under Notifications 150/86 and 101/88, the applicants argue that the classification under Heading 76.05 as aluminium wires is irrelevant for benefit eligibility. They stress that the demand before 13-5-1988, when the Finance Bill was assented to, is unsustainable, citing the Ess Ess Metals case. They request a waiver of pre-deposit and stay of recovery pending appeal. Conversely, the Respondent contends that the product is aluminium wire under Note 1(c) of Chapter 76, emphasizing the Chapter Notes' precedence over commercial parlance. They argue suppression by the applicants for non-disclosure of the product's coil form, impacting its classification and duty rate. The Tribunal refrains from classifying the product pending a full hearing but acknowledges a strong prima facie case on limitation. It notes the applicants' consistent description of the product as wire rods, gate passes indicating coil form, and resolution with Notification 204/88. The Tribunal finds no suppression warranting extended limitation and deems the benefit of Notification 150/86 applicable to statutory supplies. It opines that the Provisional Collection of Taxes Act, 1931, is not relevant due to unchanged duty rates post-amendment. Consequently, the Tribunal waives the pre-deposit requirement and stays duty and penalty recovery during the appeal.
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