1996 (9) TMI 387 - AT - Central Excise

Summary

Issues: Classification of goods under Tariff Item 1B, Unit containers intended for sale, Applicability of previous judgments

Classification of Goods under Tariff Item 1B:
The case involved a dispute regarding the classification of 'Tuity-Fruity' manufactured by the respondents. The department alleged that the product, packed in polythene packages and wooden containers, should be classified under Tariff Item 1B as "prepared & preserved food put up in united containers ordinarily intended for sale." The Assistant Collector initially classified the goods under Tariff Item 1B, but the respondents succeeded in an appeal before the Collector of Central Excise (Appeals), who disagreed, stating that the containers were not marked or labeled as unit containers intended for sale. The lower appellate authority also referenced a previous order where they held a similar view in favor of the respondents.

Unit Containers Intended for Sale:
The central issue revolved around whether the containers used by the respondents qualified as unit containers ordinarily intended for sale. The Revenue argued that previous judgments favored their position, citing cases where the contents of containers varied based on customer requirements. However, the Revenue distinguished the present case, emphasizing that the polythene packages in question were designed to hold 3 kgs of the product, and each package contained the specified amount. The Revenue contended that the judgments in the cases of H.P.M.C. and Agro Foods did not apply due to the unique circumstances of the present case.

Applicability of Previous Judgments:
The Tribunal analyzed the facts and found that the respondents' case differed from previous cases where container contents varied. The Tribunal highlighted the importance of uniformity in container contents for classification under Tariff Item 1B. The Tribunal referenced specific paragraphs from previous judgments to support their decision. Ultimately, the Tribunal held that the judgments in the cases of H.P.M.C. and Agro Foods were not applicable to the current matter. Relying on their earlier judgment in the respondent's own case, the Tribunal allowed the appeal of the Revenue, thereby changing the classification of the goods to Tariff Item 1B.