1999 (5) TMI 118 - AT - Central Excise

Summary

Issues:
Classification of Pyroclean Range of products under Central Excise Tariff Act - Proper adjudication process followed - Natural justice principles observed - Demand of duty calculation and confirmation.

Classification Issue:
The case involved appeals by M/s. Pyrene Rai Metal Treatment Ltd. against a classification order by the Collector (Appeals), Mumbai regarding the Pyroclean Range of products. Initially, the Appellants classified the products under Heading No. 28.51, but the Assistant Collector classified them as cleaning preparations under sub-heading 3402.90. The Collector (Appeals) confirmed this classification for Pyroclean-17 but remanded the classification of other products for chemical testing. The Assistant Collector classified 7 other Pyroclean products under sub-heading 3402.90 without proper testing or show cause notices. The Appellants argued that the classification was incorrect, and principles of natural justice were violated.

Adjudication Process Issue:
The Assistant Collector's decision to classify the 7 products without proper testing or show cause notices was challenged by the Appellants, asserting that the order exceeded the scope of the remand and violated natural justice principles. The Tribunal agreed, emphasizing that on remand, a fresh adjudication order should not go beyond the limits of the earlier order. The Assistant Collector's failure to test the remaining 21 products mentioned in the classification list and the lack of notice to the Appellants regarding the 7 products indicated a breach of natural justice.

Demand of Duty Issue:
Regarding the demand of duty totaling Rs. 7,91,665, the Assistant Collector confirmed it, but the Collector (Appeals) remanded the matter for reworking the demand. The Tribunal concurred with the remand decision, emphasizing the need for the duty calculation to align with the present order. The Appellants' appeal against the duty demand confirmation was pending with the Commissioner (Appeals), indicating ongoing legal proceedings on this matter.

Conclusion:
The Tribunal set aside the classification order for the 7 products, emphasizing the need for proper adjudication following natural justice principles. The Appellants were directed to reclassify the 7 products, ensuring adherence to due process. The demand of duty was to be recalculated in line with the Tribunal's decision. The appeals were disposed of accordingly, addressing the classification, adjudication process, and duty demand issues comprehensively.