1999 (6) TMI 120 - AT - Central Excise

Summary

Issues: Classification of goods under Tariff Heading 55.02 as marketable or non-marketable.

In this case, the main issue revolves around the classification of 'slivers' under Tariff Heading 55.02 and whether they are marketable or non-marketable. The adjudicating authority based their findings on the Explanatory Notes to HSN under Heading 55.06, which corresponds to Central Excise Tariff Heading 55.02, referring to "Synthetic Staple Fibres, carded and combed or otherwise processed for spinning."

The appellants contested the findings by pointing out that there was no combing facility in their factories at the carding stage or subsequent stages. They provided expert opinions to support their claim that the carded slivers obtained were not marketable. The opinions of Dr. S.G. Vinzankar and the Bombay Textile Research Association were submitted to rebut the findings of the adjudicating authority.

The Tribunal observed a dispute on facts regarding the availability of combing facilities in the appellants' units. While the adjudicating authority referred to a report by an Assistant Collector who visited the factories, there was no formal report submitted by the Assistant Collector. One of the appellants submitted expert opinions stating the absence of combing facilities. Therefore, the Tribunal decided to set aside the impugned order and directed the adjudicating authority to conduct a fresh assessment by personally visiting the factories or sending an expert to determine the existence of combing facilities.

The Tribunal allowed the appeals by remanding the case for further assessment based on the directions given. It was also noted that the question of limitation would remain open before the adjudicating authority in the new proceedings.