1991 (6) TMI 184 - AT - Central Excise

Summary

Issues:
1. Dispensation of pre-deposit of duty under Central Excise Rules.
2. Classification of vehicles under Notification No. 463/86.

Issue 1: Dispensation of pre-deposit of duty under Central Excise Rules:
The appellants sought dispensation of pre-deposit of duty amounting to Rs. 5,01,317.18 demanded by the Collector of Central Excise, Hyderabad. The Tribunal granted dispensation since they intended to dispose of the appeal on a short point of law that day with the consent of both parties. The duty pre-deposit was waived pending the appeal's disposal.

Issue 2: Classification of vehicles under Notification No. 463/86:
The appeal involved the classification of Ambulances and Cash Vans manufactured by the appellants under Notification No. 463/86. The appellants argued that the Department had initially approved the classification under specific chapters, granting them benefits under the notification. However, the Department later re-examined and demanded duty, claiming the notification's benefits were not applicable. The dispute centered on whether the vehicles qualified as "light commercial vehicles" as per the notification's terms. The appellants contended that the vehicles met the payload capacity and other requirements specified, making them eligible for the notification's benefits. The Lower Authority, relying on a dictionary definition, concluded that the vehicles did not meet the criteria of light commercial vehicles.

The Tribunal observed that the term "light commercial vehicles" lacked a specific definition in the notification, and the Lower Authority's decision solely based on a dictionary meaning was inadequate. It was noted that the Lower Authority did not refer to any authoritative literature or the instructions issued by the Central Board of Excise Customs, which could have influenced the decision. The Tribunal emphasized that the Lower Authority should have conducted further inquiries and considered industry standards before reaching a conclusion. As the Lower Authority's order was deemed improper, it was set aside, and the matter was remanded for fresh adjudication, directing the Lower Authority to re-examine the issue in light of the Tribunal's observations and provide the appellants with an opportunity to be heard.

This detailed analysis of the judgment highlights the issues of dispensation of pre-deposit of duty and the classification of vehicles under a specific notification, emphasizing the Tribunal's decision to remand the matter for further consideration based on proper evaluation of the criteria involved.