1999 (8) TMI 510 - AT - Central Excise

Summary

Issues:
1. Classification of Panama Virginia 20's Cut Labels as labels/wrapping paper or packing material.

Analysis:
The appeal before the Appellate Tribunal CEGAT, New Delhi involved the classification of Panama Virginia 20's Cut Labels manufactured by M/s. Deep Kamal Syntex Ltd. The initial classification by the Assistant Collector placed the product under sub-heading 4819.12, considering it as packing material used for cigarettes. However, the Collector (Appeals) disagreed and classified the product under Heading 48.21, emphasizing that the product resembled a label with printed matter and did not have the characteristics of a box or case. The Assistant Collector's classification was based on the end use of the product, while the Collector (Appeals) focused on the physical attributes of the product as it left the factory.

Regarding the maintainability of the appeal, a preliminary objection was raised by the respondents' advocate, arguing that the appeal lacked a statement of facts initially but was subsequently filed within the specified period. The Tribunal addressed this issue in Misc. Order Nos. 66 & 67/96-C, confirming that the appeal was timely filed as per Section 35B of the Central Excise Act, thereby overruling the preliminary objection.

In the arguments presented, the learned DR contended that the impugned goods were exclusively designed for packing cigarettes and should be classified under Heading 48.19, which covers assembled or unassembled products. On the other hand, the respondents' advocate asserted that the product should be classified under Heading 48.21, pertaining to paper labels, emphasizing that the cut labels were not packaging material but served as an indication of brand details on the aluminium foil wrapping of cigarettes. Reference was made to a previous decision by the Appellate Tribunal to support this classification.

After considering both parties' submissions and examining the product and its use, the Tribunal concluded that the impugned product qualified as a case for containing cigarettes rather than a label, as it functioned as a container for the cigarettes wrapped in aluminium foil. Referring to the Explanatory Notes of H.S.N., the Tribunal upheld the initial classification under Heading 4819.12, emphasizing that the Supreme Court's previous decision did not prevent a reevaluation of the classification. Citing the case law of Elson Machine P. Ltd. v. C.C.E., the Tribunal allowed the appeal filed by the Revenue, disputing the classification of the product and ruling in favor of the Revenue's classification under Heading 4819.12.