2000 (3) TMI 416 - AT - Central Excise

Summary

Issues:
Classification of aluminium pouches under tariff headings 39.20 and 76.07, applicability of extended period of limitation, waiver of deposit of duty and penalty under Section 11AC.

Classification Issue:
The applicant argued that aluminium foils with a thickness not exceeding 0.2mm, whether laminated with plastic or not, should be classified under heading 76.07, citing a Tribunal decision. They contended that the weight of the plastic material is irrelevant. Additionally, the pouches made from these foils should be classified under heading 76.05 as articles of aluminium. Evidence was presented to show that similar products by other manufacturers were classified under heading 76.07. On the contrary, the department argued that the essential characteristic of the product was conferred by plastic, making it fall under heading 39.02 for plastic plates and sheets. They referenced the Explanatory Notes of the Harmonized System of Nomenclature to support their classification. The Tribunal noted the need for detailed examination of the classification issue and previous decisions.

Extended Period of Limitation Issue:
The applicant claimed that the extended period of limitation should not apply as the department had conflicting circulars on the classification issue, leading to a reasonable belief that the goods were correctly classified under chapter 76. They relied on a Supreme Court judgment to support their argument. The Tribunal found it questionable to apply the period of limitation at this stage due to the conflicting circulars issued by the department and the approval of the classification list.

Waiver of Deposit Issue:
Considering the circumstances, including the conflicting circulars, approved classification list, and the non-applicability of Section 11AC before a certain date, the Tribunal granted waiver of the deposit of duty and penalty imposed. They emphasized that the applicant could have reasonably believed in the classification under chapter 76 due to the circulars and similar products' classification.

Out of Turn Hearing Issue:
Due to the penalty amount and the ongoing classification dispute leading to potential repetitive litigation, the Tribunal accepted the applicant's request for an out of turn hearing and directed the appeal to be listed promptly.

In summary, the judgment addressed the classification of aluminium pouches, the application of the extended period of limitation, waiver of deposit of duty and penalty, and the scheduling of an out of turn hearing based on the complexity and ongoing nature of the classification dispute.