1999 (9) TMI 315 - AT - Central Excise

Summary

Issues:
1. Classification of goods under a specific tariff heading for duty payment.
2. Interpretation of Notification 53/88 for exemption eligibility based on the nature of intermediate products used in manufacturing final goods.

Analysis:
1. The case involved the classification of polystyrene mouldings used as packing material under Heading 3903.10 of the Tariff, which were manufactured from styrene monomer. The exemption under Notification 53/88 was in question, specifically Entry No. 39, which exempted goods produced from raw materials falling under Headings 39.01 to 39.15 of the Tariff. The department argued that the mouldings were made from pre-expanded polystyrene, classified under Heading 39.26, thus not meeting the conditions of the notification. The Assistant Collector upheld the demand, but on appeal, the Collector (Appeals) ruled in favor of the assessee, considering pre-expanded polystyrene as an intermediate product in the manufacturing process.

2. The departmental representative contended that the pre-expanded polystyrene did not fall under the specified headings in the notification, citing a letter from the Board as supporting evidence. However, the letter was not provided. The respondent's advocate highlighted a trade notice from the Bombay Collectorate, clarifying that the exemption applied to final products made from intermediate goods not falling under Headings 3901 to 3915 if purchased from the market. The advocate referenced legal precedents, including C.C.E. v. IDL Chemicals Ltd. and Gujarat Plastic Industries v. C.C.E., to support the position that the exemption could not be denied based solely on the existence of an intermediate product in the manufacturing process.

In conclusion, the Tribunal dismissed the appeal, affirming that the exemption under Notification 53/88 applied to cases where intermediate products arose during the manufacturing process of final goods. The decision emphasized the interpretation of the notification's conditions and the legal precedent supporting the eligibility for exemption in such circumstances.