1997 (10) TMI 155 - AT - Central Excise

Summary

Issues:
Classification of woven fabric under different headings, maintainability of appeal based on classification issue, applicability of alternate classification at the Tribunal stage, classification of processed fabrics, excisability of processed fabrics, remand for further examination.

Classification of Woven Fabric:
The appellants manufactured flat woven fabric out of polyester yarn and claimed classification under Heading 5507.00 and Heading 5903.29. The Assistant Collector classified the woven fabric under Heading 5806.00, while the Collector (Appeals) classified it under Heading 55.07. The Tribunal determined that the classification of the fabrics depended on the classification of the yarn used. Since the yarn was made of staple fibers, the fabrics had to fall under Heading 5507.00. The Revenue's claim for alternate classification under Heading 5408.00 was rejected based on the clear ground of the yarn used.

Maintainability of Appeal and Alternate Classification:
The learned Advocate for the Respondent argued that the appeal from Revenue was not maintainable as the issue of classification was not before the lower authorities. However, the Tribunal held that a fresh classification could be claimed before them, citing relevant case law. The Tribunal found that sufficient material was available on record to examine the claim of alternate classification at the Tribunal stage.

Classification of Processed Fabrics and Excisability:
The processed fabrics were initially claimed to be excisable under Heading 5903.29 but were later deemed not marketable by the Collector (Appeals). The Tribunal found that the Collector's decision was not supported by evidence or tests. The Revenue suggested classification under Heading 6301.00, a residuary classification. However, the Tribunal determined that the examination of facts for this classification needed to be done by the original authorities. Therefore, the case was remanded back for de novo proceedings to determine the classification of the processed fabrics.

Conclusion:
The Tribunal partly allowed the appeal from Revenue, upholding the classification of the woven fabric under Heading 5507.00 and remanding the classification of the processed fabrics under Heading 6301.00 back to the jurisdictional Assistant Commissioner for further examination. The Tribunal emphasized the importance of aligning the classification of fabrics with the classification of the yarn used and the need for proper examination of facts to determine excisability and classification of processed fabrics.