1996 (7) TMI 342 - AT - Central Excise

Summary

Issues:
Classification of flattened wire under Central Excise Tariff Act - Whether it falls under the definition of strip as per Tariff Item 25(12) and Section 2(f) of the Act.

Comprehensive Analysis:
The judgment involves four appeals filed by the Department challenging an order passed by the Collector of Central Excise (Appeals), Bombay. The issue in question is whether the flattened wire produced by the respondents should be classified as strips under the Central Excise Tariff Act. The respondents argued that the process of flattening wire does not fall under the statutory definition of strip and cited a Government Circular in support of their contention. The Asstt. Collector classified the product as strips, but the Collector (Appeals) accepted the party's contentions based on the Circular and a previous Tribunal decision.

During the hearing, the Department's representative reiterated the grounds for classifying the item as strips. However, upon careful consideration, the Tribunal analyzed the issue. The Circular from the Government of India dated 9-12-1985 was examined, and it was observed that flattened wire is commercially understood as wire rather than strips. The statutory definition of strip specifies characteristics like thickness and edges, which are not met by the flattened wire in question. The process of converting round wire into flattened wire through rollers does not result in a change significant enough to classify it as a strip under the Tariff Act.

The Tribunal noted that the flattened wire is not supplied in coil or flattened coil form as required by the definition of strips. Additionally, the process of flattening does not alter the wire to the extent necessary for it to be considered a strip. As the Department failed to provide evidence that the flattened wire met the criteria for classification as strips under Tariff Item 25, the Collector (Appeals) correctly determined that it did not amount to manufacture, as per the Circular issued by the Board.

Ultimately, the Tribunal affirmed the decision of the Collector (Appeals) and dismissed all four appeals filed by the Department. The judgment clarifies the classification of flattened wire under the Central Excise Tariff Act, emphasizing the importance of meeting specific criteria outlined in the statutory definitions for accurate classification.