1997 (11) TMI 350 - AT - Central Excise

Summary

Issues: Approval of classification lists, Benefit of Notification 175/86, Allegation of unauthorized correction

The judgment pertains to the approval of two classification lists related to manufacturing parts of power-driven pumps, machinery, motor vehicles, and hand tools. Initially, the appellants submitted a classification list in 1986, which was duly approved, categorizing motor vehicle parts under Chapter 87, machine parts and pump parts under Chapter 84, and hand tools under Chapter 82, with the benefit of Notification No. 175/86. Subsequently, in 1988, a new classification list was filed for hand tools, which was not approved. Another list in 1989 for a new product under Chapter 74 also faced non-approval. The appellants claimed that an Excise Assistant made unauthorized corrections in the classification lists, leading to the denial of benefits under Notification 175/86 and issuance of duty demand notices. The Revenue contended that the appellants' version lacked evidence, pointing out discrepancies in signatures on the lists. The Tribunal found the evidence inadequate for a conclusive decision and criticized the lower authorities for not conducting a thorough investigation. Consequently, the Tribunal set aside the impugned order and remanded the matter to the original authority for a re-inquiry, including examining and cross-examining relevant persons to establish the facts conclusively.