1998 (7) TMI 309 - AT - Central Excise

Summary

Issues:
1. Classification of multiwall paper bags under different CET sub-headings.
2. Whether the claim for classification amounts to suppression or misstatement leading to the applicability of the extended period of limitation.

Issue 1 - Classification of multiwall paper bags:
The main contention was whether the multiwall paper bags should be classified under CET sub-headings 4818.12/19 as claimed by the appellants or under CET sub-heading 4818.90 as held by the Revenue. The appellants argued that the products satisfied the definition of containers required for classification under sub-headings 4818.12/19, citing a Supreme Court judgment and emphasizing that rigidity should not be a factor in the classification. They also highlighted the approval of their classification list under sub-heading 4818.90 and the lack of intent to evade payment of duty. The Revenue, however, maintained that the products did not meet the criteria for classification under sub-headings 4818.12/19. The Tribunal found that the extended period of limitation was not applicable, setting aside the demand based on the argument that the classification list filed w.e.f. 1-3-1987 was a revised list, not suppression of facts.

Issue 2 - Suppression or misstatement for classification:
The question here was whether the claim for classification under sub-headings 4818.12/19 in the classification list filed w.e.f. 1-3-1987 amounted to suppression or misstatement by the appellants. The appellants argued that their claim was consistent with their stance throughout the dispute and that the Department was aware of the classification claimed. They contended that the Department could have modified the classification if they disagreed. The Tribunal agreed with the appellants, stating that the Department was not justified in alleging suppression of facts to evade duty payment. They emphasized that the extended period of limitation was not applicable, ultimately allowing the appeal solely on the ground of limitation without delving into the merits of the classification issue.