2001 (3) TMI 425 - AT - Central Excise

Summary

Issues:
Classification of goods under Central Excise Act, 1944; Use of phrases by Commissioner in the order.

Classification of Goods Issue:
The case involved four appeals with common grounds arising from the same order regarding the classification of goods under the Central Excise Act, 1944. The appellants had filed classification lists for certain goods described as "wooden plates and frames for filtration in filter plates" claiming classification under sub-heading 4410.90. However, the jurisdictional Collector opined that the appropriate classification was under Heading 8421. The appellants disagreed and filed cross-objections, arguing that the classification under 4410.90 had been approved by the Assistant Collector, and any change should be prospective. The Commissioner (Appeals) upheld the Collector's classification under 8421.00, mentioning that the appellants had mis-stated the classification to claim exemption for the wooden plates and frames. The appellants objected to these phrases used by the Commissioner, claiming that the entire description was given when claiming classification under Chapter 44 and that the Collector's language was meant to cover Departmental officers' lapses.

Phrases Used by Commissioner Issue:
The appellants strongly objected to the phrases used by the Commissioner in the order, claiming that there was no show cause notice, suppression, or misdeclaration mentioned in the proceedings. The Commissioner's language implied wilful mis-statement by the appellants, allowing the Department to invoke an extended period for raising demands. The Tribunal found that the Commissioner erred in using such phrases without any basis in the order and directed the deletion of those sentences from the Commissioner's order. The Tribunal held that the appellants were correct in seeking the removal of these phrases, and the appeals were allowed in these terms.

This detailed analysis covers the issues of classification of goods under the Central Excise Act, 1944, and the objection raised by the appellants regarding the phrases used by the Commissioner in the order.