1999 (9) TMI 379 - AT - Central Excise

Summary

Issues:
1. Stay of operation of Order-in-Original No. 33/98 regarding duty liability determination under Central Excise Act.
2. Dispute over classification of Re-heating Furnace as 'Batch Type' or 'Pusher Type'.
3. Consideration of technical evidence and expert opinions in determining furnace type.
4. Application of legal tests for distinguishing characteristics of Pusher Type furnace.
5. Absence of technical report in the Order-in-Original and its impact on decision-making.

Analysis:
1. The appellants sought a stay on the operation of Order-in-Original No. 33/98 related to determining duty liability under the Central Excise Act. Although no pre-deposit was required for the appeal, the appellants contested the classification of a Re-heating Furnace as either 'Batch Type' or 'Pusher Type.'

2. The main dispute revolved around the classification of the Re-heating Furnace. The Order-in-Original deemed it a Pusher Type, but the appellants presented technical evidence challenging this classification. The issue was whether the furnace operated as a Pusher Type or Batch Type, impacting the duty liability determination.

3. The Tribunal considered the technical opinions of experts from the National Institute of Secondary Steel Technology, who visited the unit and concluded that the furnace was a Pusher Type. The appellants had initially described it as such, but they contested this classification based on their evidence.

4. Legal tests for distinguishing characteristics of a Pusher Type furnace were applied. These included the presence of a mechanism for charging material into the furnace and movement of material inside while heating. Previous Final Orders had established these criteria, which were crucial in determining the furnace type.

5. The Tribunal noted that the technical report from the Institute was not included in the Order-in-Original, leading to a reliance on the content of the order itself. As the second distinguishing characteristic was not adequately considered, the Order-in-Original was set aside. The matter was remanded for a fresh consideration by the Commissioner, who was instructed to apply the established tests and provide the appellants with the technical opinion for a fair hearing.

This detailed analysis of the judgment highlights the key issues, legal tests applied, expert opinions considered, and the procedural steps taken for a fair determination of the dispute regarding the classification of the Re-heating Furnace.