1997 (6) TMI 204 - AT - Central Excise

Summary

Issues:
Classification of Hot rolled flat products of Iron and Steel below 5 mm thickness and varying width.

Analysis:
The appeals before the Appellate Tribunal CEGAT, New Delhi arose from a common order passed by the Collector (Appeals), New Delhi, regarding the correct classification of Hot rolled flat products of Iron and Steel below 5 mm thickness and varying width. The issue revolved around the classification made by the Assistant Collector, where products were categorized under different sub-headings based on specifications regarding thickness and weight. The assessees contended that their products should be classified as "bars" from small scale re-rolling mills and not under the sub-headings determined by the Collector. They argued for classification as "rectangular bars" under sub-heading 7209.90 for the first two categories and under the same sub-heading for the third category of products with thickness above 3 mm but below 5 mm. The Tribunal considered the submissions and referred to the judgment in the case of Calcutta Steel Industries v. Collector of Central Excise, allowing the appeals of the assessees by setting aside the impugned order partially.

The Ld. Advocate representing the appellants highlighted that the Tribunal had already applied the ratio of the Calcutta Steel Industries case in five appeals, setting aside the impugned order. He urged for the application of the same ratio to the remaining appeals as well. On the other hand, the Ld. DR reiterated the departmental findings in the case. The Tribunal, comprising S/Shri S.L. Peeran and Shiben K. Dhar, carefully considered the submissions and noted that the issue had already been settled in the Calcutta Steel Industries case, with revenue appeals to the Apex Court being dismissed. Given that five appeals had already been allowed based on the Calcutta Steel Industries judgment, the Tribunal decided to dispose of the remaining appeals in line with that judgment and Final Order Nos. E/939-943/97-B dated 10-6-1997. Consequently, the Tribunal allowed the assessees' appeals while rejecting the revenue appeals, following the ratio of the said judgment.

In conclusion, the Tribunal's decision was based on the precedent set by the Calcutta Steel Industries case and the application of the same principles to the appeals before them. The classification of Hot rolled flat products of Iron and Steel was determined in favor of the assessees, leading to the rejection of the revenue appeals. The judgment provided clarity on the correct classification of the products in question, aligning with the established legal principles and previous decisions.