1999 (5) TMI 122 - AT - Central Excise

Summary

Issues: Classification of goods under different tariff headings, Time-barred demand of duty

Classification of Goods:
The issue in this appeal before the Appellate Tribunal CEGAT, New Delhi revolves around the classification of various goods under different tariff headings. The adjudicating authority classified racks under Tariff Heading 94.03 and other articles, such as M.S. Pallets, Conveyor Supports, and gates, under Tariff Heading 73.08. The appellants contended that the fabricated articles made from duty paid iron and steel products should not be considered as goods as they are embedded in earth or walls. However, the Collector found that these articles could be removed and refixed and thus cannot be categorized as 'immovable' articles. The Tribunal observed that items like racks, pallets, gates, and windows, although attached to the ground or walls, are movable and can be relocated, hence correctly classified by the adjudicating authority. However, the Tribunal disagreed with the classification of conveyor supports, considering them as immovable items meant for supporting the conveyor system, and set aside the order regarding their classification.

Time-Barred Demand of Duty:
The appellants argued that the duty demand on the goods in question was time-barred as the Department was already aware of the manufacturing activity due to a previous show-cause notice for similar goods. The appellants referred to a Tribunal's Final Order dated 4-6-1997 concerning steel structurals and cement blocks. However, the Department pointed out that the details of the steel structurals in the earlier order were not provided, making it unclear if the same items were involved. The Department alleged suppression of facts by the appellants regarding the manufacturing activity of the goods in the present case, different from the earlier case. The Tribunal agreed with the Department, noting that there was indeed a suppression of facts, and upheld the duty demand for all items except conveyor supports, as the notice had been issued beyond the usual six-month period.

In conclusion, the Appellate Tribunal CEGAT, New Delhi upheld the classification of various goods under different tariff headings, except for conveyor supports, which were deemed immovable and meant for supporting the conveyor system. Additionally, the Tribunal found the duty demand on the goods not time-barred, except for conveyor supports, due to suppression of facts regarding the manufacturing activity by the appellants.