1999 (11) TMI 245 - AT - Central Excise

Summary

Issues:
1. Classification of block boards for the period prior to 20-3-1990.
2. Deduction of the duty element included in the price of block boards for arriving at the assessable value.

Issue 1: Classification of Block Boards
The main issue in the appeal was the classification of block boards for the period before 20-3-1990. The Assistant Collector classified the boards under sub-heading 4408.90, while the Collector (Appeals) classified them under sub-heading 4410.90. The appellants sought classification under 4410.90 for the period after 20-3-1990. However, based on a Supreme Court judgment, the Tribunal held that the block boards should be classified under sub-heading 4408.90 for both periods, following the precedent set in the case of C.C.E., Shillong v. Wood Craft Products.

Issue 2: Deduction of Duty Element in Assessable Value
The appellants claimed that during the relevant period, block boards were cleared at a nil rate of duty under sub-heading 4410.90. They argued that the price charged to customers became cum-duty price, entitling them to a deduction of the duty element under Section 4(4)(d)(ii) of the CESA, 1944. The lower appellate authority did not provide a conclusive finding on this claim. The Tribunal remanded this issue for fresh adjudication by the appropriate authority to allow the appellants to present evidence supporting their claim and to ensure a fair hearing before a decision is made in accordance with the law.

Difference of Opinion
A difference of opinion arose between the Members regarding whether the appeal should be rejected or remanded for further adjudication. The matter was referred to a third Member for resolution. The third Member, after considering the arguments presented, agreed with the view that the issue of deduction of the duty element in the price required further examination by the original adjudicating authority. The appeal was allowed by way of remand for a detailed assessment of the claim in accordance with legal principles and precedents.

This detailed analysis of the judgment from the Appellate Tribunal CEGAT, New Delhi, highlights the issues of classification of block boards and the deduction of the duty element in the assessable value, providing a comprehensive overview of the legal reasoning and decisions made by the Tribunal and the Members involved in the case.