1999 (4) TMI 210 - AT - Central Excise

Summary

Issues:
Classification of pouches made of different materials under the Central Excises Act, 1944.

Analysis:
The dispute in this case revolves around the classification of two types of pouches:
1. Plain aluminium foil pouches.
2. Pouches of aluminium foil backed with a plastic sheet.
The Revenue contended that the pouches should be classified under TH 76.16 as other articles of aluminium, specifically under TSH 7616.90. The appellant argued that the pouches should be classified under TH 7607.60, as the material is essentially aluminium foil backed with plastic film. The appellant relied on a Tribunal judgment and a Board circular to support their classification argument.

The appellant's advocate argued that the pouches should be classified based on the material they are made of, citing a Board circular that supported this approach. The circular stated that pouches made of specific materials should be classified accordingly. In this case, as the pouches were made of backed aluminium foil, they should be considered as an article of aluminium foil. The advocate emphasized that the material of the pouch determines its classification.

The Revenue disagreed, asserting that once the aluminium foil is converted into a pouch, it becomes an article of aluminium foil, falling under TH 76.16 as "other articles of aluminium." The Revenue contended that since the pouch is not specified elsewhere, it should be classified under TH 7616.90. The Revenue's argument was based on the transformation of the material into a different article upon pouch formation.

After considering both arguments, the Tribunal agreed with the Revenue's position. The Tribunal noted that as per the definition of foil in Chapter 76, it must be a flat-surfaced product, which the pouch in question was not. The Tribunal found that the disputed product did not meet the criteria for classification under TH 76.07. The Tribunal also highlighted that the Tribunal judgment and the Board circular cited by the appellant were not applicable to the present case, as they involved different factual scenarios. Therefore, the Tribunal upheld the lower appellate authority's classification of the pouches under TH 7616.90 as "other articles of aluminium."

In conclusion, the Tribunal dismissed the appeal, affirming the classification of the pouches under TH 7616.90 based on the material transformation and the specific criteria outlined in Chapter 76 for foil classification.