1997 (11) TMI 298 - AT - Central Excise

Summary

Issues:
Classification of activated charcoal coated non-woven fabrics under CETA; Interpretation of Note 1 to Chapter 59; Consideration of technical details in classification; Principles of natural justice in decision-making process.

Classification under CETA:
The appellants filed a classification list for their goods under Heading 5603 of CETA, but the Asstt. Commissioner classified the product under sub-heading 5907.90 based on visual examination and technical details. The Commissioner (Appeals) held that the product, containing woven cotton, should be classified under sub-heading 5906.11, not under 5907.90. The appellants argued that their product, described as charcoal coated non-woven fabrics, cannot be fulfilled by supplying woven fabrics, and their competitor's product is assessed under Heading 56.03.

Interpretation of Note 1 to Chapter 59:
The Commissioner (Appeals) interpreted Note 1 to Chapter 59, stating that woven cotton's use in manufacturing does not exclude the product from Chapter 59. However, the product's specifications for protective equipment led to the conclusion that it did not qualify as goods for industrial use under 59.06 of CETA.

Consideration of Technical Details:
The Tribunal noted that the classification was based solely on visual examination, without expert opinion or material testing. The definition of non-woven fabric from technical authorities was cited, emphasizing the need to analyze the product's composition in the manufacturing process. The Tribunal highlighted the importance of testing the sample to determine the correct classification.

Principles of Natural Justice:
The Tribunal found that the Commissioner (Appeals) arrived at a different conclusion without allowing the appellants to present their case, violating the principles of natural justice. Consequently, the impugned order was set aside, and the matter was remanded to the Asstt. Commissioner for a fresh determination, emphasizing the appellants' right to be heard and present evidence in accordance with the law.