1995 (11) TMI 160 - AT - Central Excise

Summary

Issues: Classification of product Printed & Waxed Wrapper Paper under Heading 4811.40, exemption under Notification No. 63/82-C.E., dated 28-2-1982, allowance of additional plea during appeal, consideration of evidence for classification, comparison with previous Tribunal decision, final classification decision, remand for further proceedings.

The appeal involved a dispute regarding the classification of the product Printed & Waxed Wrapper Paper under Heading 4811.40 and the claim for exemption under Notification No. 63/82-C.E., dated 28-2-1982. The appellants had initially classified the product under Heading 4811.40 but were approved under Heading 4818.90, denying the claimed exemption. The appeal was filed against this decision, and a Misc. Application was submitted during the appeal process to raise the plea of classification under Heading 4811.40 with the mentioned notification.

The appellants sought permission to raise the additional plea of classification under Heading 4811.40 during the appeal process, arguing that a ruling on correct classification was necessary. The respondent contended that the appellants had not previously claimed this classification and raised concerns about the time-barred refund if the classification was changed. The Tribunal allowed the appellants to raise the plea, emphasizing that the classification issue could be resolved based on the evidence available in the record.

During the argument on merits, the appellants cited a previous Tribunal decision but later agreed to classification under Heading 4811.40. The respondent maintained that the subject goods should be classified under Heading 4811.40 due to the absence of printing provision in that heading. The Tribunal referred to the earlier decision in Systems Packaging Ltd. case, where it was established that printed wax coated paper in rolls falls under sub-heading 4811.40. Consequently, the Tribunal held that the subject product should indeed be classified under Heading 4811.40 and remanded the case for further proceedings to determine the appellants' claim under the exemption notification.

In conclusion, the Tribunal decided in favor of classifying the product Printed & Waxed Wrapper Paper under Heading 4811.40, following the precedent set by the Systems Packaging Ltd. case. The case was remanded to the Assistant Commissioner of Central Excise for further proceedings regarding the appellants' claim under the exemption notification. The appeal and the Misc. Application were disposed of accordingly.