1999 (7) TMI 315 - AT - Central Excise

Summary

Issues: Classification of printed sheets used for manufacturing dry cell battery jackets.

In this case, the issue at hand was the classification of printed sheets utilized by a company for producing the jackets of dry cell batteries. The company imported duty-paid sheets classified under specific sub-headings based on their width, processed them, and then classified them under different sub-headings depending on the width of the sheet. The Revenue argued that these sheets should be classified as unassembled battery containers under sub-heading No. 8506.00, as they were exclusively used in manufacturing battery cells. However, the company contended that these sheets were merely sheets at the time of clearance and were later processed by their buyers into battery jackets. The Tribunal analyzed the facts and submissions from both sides to determine the correct classification of the printed sheets.

The Tribunal observed that the sheets in question were initially cleared in the form of sheets and were later cut, folded, and soldered by the buyers to become jackets for dry cell batteries. The Revenue claimed that the printed details on the sheets indicated their specific use as parts of battery cells, thus warranting classification under sub-heading No. 8506.00. However, the Tribunal noted that the sheets, although intended for a specific purpose in manufacturing dry cell battery parts, were not yet considered parts of the batteries at the time of clearance. The Tribunal also referenced relevant case law to support its decision, emphasizing that the classification of goods for tax purposes should consider the perspective of both the merchant and the consumer. Ultimately, the Tribunal found no fault in the Collector of Central Excise (Appeals)' view regarding the classification of the printed sheets and dismissed the Revenue's appeal.

In conclusion, the Appellate Tribunal upheld the decision of the Collector of Central Excise (Appeals) regarding the classification of the printed sheets used for manufacturing dry cell battery jackets. The Tribunal determined that the sheets, although intended for a specific use in producing battery parts, were not yet parts of the batteries at the time of clearance. The Tribunal considered the nature of the goods as cleared and the overall circumstances of the case in rejecting the Revenue's appeal and affirming the classification of the printed sheets as per the initial assessment.