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1996 (6) TMI 171 - AT - Central Excise
Issues: Classification of rubber products (rubber crumbs, printed rubber labels), Admissibility of benefit under Notification No. 176/77
In this case, the appellants contested the order of the Collector (Appeals) regarding the classification of rubber products and the eligibility for the benefit under Notification No. 176/77. The dispute primarily revolved around the classification of rubber crumbs and printed rubber labels under the Central Excise Tariff. The Department argued that these items should be classified under Tariff Item 68, while the appellants claimed classification under Tariff Item 16A. Additionally, there was a disagreement on the applicability of the benefit under Notification No. 176/77 to the appellants. The appellants argued that the value of individual machines should be considered for the Rs. 10 lakh limit, whereas the Department contended that the value of plant and machinery as a whole in the industrial unit should be taken into account. The Tribunal analyzed the classification of rubber products in question. Referring to previous cases, the Tribunal established that rubber waste, including rubber crumbs, falls under Tariff Item 68. The Tribunal agreed with the Department's classification of rubber waste under Tariff Item 68 based on the common parlance test. Regarding printed rubber labels, the Tribunal determined that they should be classified under Tariff Item 68 as well, as they are recognized as such in the market and do not qualify as rubber sheets under Tariff Item 16A. On the issue of the benefit under Notification No. 176/77, the Tribunal interpreted the terms "plant and machinery" and "industrial unit" to conclude that the value of all machines in the industrial unit should be considered collectively. As the total value of plant and machinery exceeded Rs. 10 lakhs, the Tribunal upheld the Department's decision that the benefit under the notification was not applicable to the appellants. Ultimately, the Tribunal dismissed the appeal, affirming the classification of rubber products under Tariff Item 68 and ruling against the appellants' eligibility for the benefit under Notification No. 176/77 due to the total value of plant and machinery exceeding the specified limit.
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