1996 (10) TMI 277 - AT - Central Excise

Summary

Issues:
Classification of goods as flats or bars under Central Excise Tariff, Burden of proof on the Department, Availing exemption under Notification No. 208/83-C.E., Evidence of goods being referred to as flats, Request for remand to re-determine classification.

Classification of goods as flats or bars under Central Excise Tariff:
The appeal involved a dispute regarding the classification of products by M/s. Utkal Steel Ltd. as flats or bars under the Central Excise Tariff. The Collector of Central Excise, Bhubaneshwar, had classified the goods as flats and imposed duty and penalty. The appellants argued that their products were bars, not flats, based on the absence of controlled contour edges. The Tribunal analyzed the relevant Tariff definitions of flats and bars to determine the classification criteria. It was established that the goods did not meet the specific criteria for flats, leading to the conclusion that they fell under sub-item (9)(2) of Item No. 25.

Burden of proof on the Department:
The Tribunal addressed the issue of burden of proof, emphasizing that before a surprise visit by Central Excise Officers, no declaration had been filed stating the goods were bars. The appellants consistently referred to their products as flats, shifting the burden of proof onto them to demonstrate the misclassification. Despite the appellants' arguments, the Tribunal found that they failed to discharge this burden, especially considering their own descriptions and records of the goods.

Availing exemption under Notification No. 208/83-C.E.:
The Tribunal examined the appellants' claim of exemption under Notification No. 208/83-C.E. The exemption was conditional on using duty-paid inputs, but the appellants had not provided the necessary information or obtained approval for exemption. The Tribunal noted that the burden was on the appellants to ensure compliance with exemption conditions, and their failure to do so impacted the classification and duty liability.

Evidence of goods being referred to as flats:
The Tribunal considered various pieces of evidence, including statements, correspondence with customers, and internal records, all consistently referring to the goods as flats. This evidence, coupled with the lack of contrary declarations or information from the appellants, reinforced the classification of the goods as flats under the Tariff.

Request for remand to re-determine classification:
The appellants requested a remand to re-determine if the goods had controlled contour edges. However, the Tribunal found no merit in the request, as the Collector had already based findings on contemporary records and a remand would serve no purpose. The Tribunal upheld the Collector's classification of the goods as mild steel flats under sub-item (9)(i) of Item No. 25.

In conclusion, the Tribunal upheld the classification of the goods as flats under the Central Excise Tariff, reduced the penalty imposed, and rejected the appeal, emphasizing the appellants' failure to meet the burden of proof and comply with exemption conditions.