1999 (1) TMI 132 - AT - Customs

Summary

Issues:
1. Stay application filed by the revenue appeals.
2. Classification of oleo pine resin under sub-heading 1301.90 of Central Excise Tariff.
3. Relevance of Section 3(1) of the Customs Tariff Act in determining the rate of duty.
4. Consideration of evidence regarding the manufacturing process of oleo pine resin without aid of power.
5. Interpretation of Tribunal judgment in the case of Dujodwala Products Ltd.
6. Applicability of Explanation to Section 3(1) of Customs Tariff Act.
7. Distinction between resin in powder form and other forms for classification purposes.

Analysis:
1. The Tribunal heard both sides regarding the stay application filed by the revenue appeals. The issue was considered based on a previous Tribunal judgment involving Oleo Pine Resin's classification under sub-heading 1301.90, leading to the rejection of the stay application.

2. The assessee imported oleo pine resin claiming it was manufactured without aid of power, supported by certificates from suppliers. The Commissioner (Appeals) noted that the evidence provided was not considered by the lower authority, emphasizing the suppliers' certificates confirming the manufacturing process without power. This led to the classification of oleo pine resin under sub-heading 1301.90 for duty purposes, following the Tribunal's judgment in a similar case.

3. The dispute involved the application of Section 3(1) of the Customs Tariff Act to determine the duty rate for filtered oleo pine resin. The Revenue argued for a 10% duty rate based on power usage, while the Senior Advocate contended that the manufacturing process without power warranted a 'nil' duty rate under sub-heading 1301.90, supported by the Tribunal's previous decision.

4. The Tribunal considered the evidence presented, emphasizing the importance of certificates from suppliers indicating the resin's manufacturing process without power. The classification under sub-heading 1301.90 was upheld, rejecting the Revenue's argument based on Section 3(1) of the Customs Tariff Act and the applicability of the Explanation.

5. The Tribunal concluded that the previous judgment in the Dujodwala Products Ltd. case settled the issue at hand, and further examination was unnecessary. The form of imported resin, whether powder or otherwise, did not impact the classification as long as the manufacturing process remained consistent, leading to the dismissal of the appeals based on the Tribunal's precedent and the evidence presented.