2000 (7) TMI 599 - AT - Central Excise

Summary

Issues:
1. Classification of Dual Pack consisting of Aluminium Paste and Medium for Ready Mixed Paints under the erstwhile Tariff Heading.
2. Whether placing Aluminium Paste and Medium in a single container amounts to manufacture and attracts duty.
3. Applicability of previous Tribunal decisions on similar cases.
4. Classification under the new Tariff Act compared to the erstwhile Tariff.

Issue 1: Classification of Dual Pack under the erstwhile Tariff Heading
The judgment involved appeals by M/s. Berger Paints and the Revenue against a common impugned order regarding the classification of a Dual Pack containing Aluminium Paste and Medium for Ready Mixed Paints. The question was whether this Dual Pack should be leviable to duty under the erstwhile Tariff Heading : 14-I(3)(iii) attracting a 15% ad valorem rate of duty. The authorities directed the appellants to charge duty under this Tariff, leading to a confirmed duty amount.

Issue 2: Manufacture and Duty on placing Aluminium Paste and Medium in a single container
The Commissioner had dropped a demand of duty raised against the Revenue for the period before 1986, stating that at the time of clearance from the factory, the Aluminium Paste and Medium in one container did not constitute Aluminium Paint under the erstwhile Tariff Item : 14-I(5) as they were not mixed and ready-to-use. The question of whether placing these materials in a single container amounted to manufacture and attracted duty was central to this issue.

Issue 3: Applicability of Previous Tribunal Decisions
The Tribunal referred to previous decisions where it was held that packing Aluminium Paste and Varnish in a Dual Container did not amount to manufacturing a new commodity. This established precedent that there was no duty payment required on goods packed and cleared in this manner. The classification issue did not arise based on these decisions, emphasizing that the act of placing separate materials in a common container did not constitute manufacturing.

Issue 4: Classification under the new Tariff Act vs. the erstwhile Tariff
The judgment highlighted a separate case where a different classification was determined under the new Tariff Act compared to the issue at hand, which involved the erstwhile Tariff. The decision in the mentioned case was not applicable to the present appeals, as the classification under consideration was for the old Tariff. The classification of the product under the new Tariff Act was distinct from the issue in the current appeals, emphasizing the relevance of the specific Tariff in determining the classification.

This detailed analysis of the judgment provides insights into the classification of the Dual Pack, the concept of manufacture concerning placing materials in a single container, the influence of previous Tribunal decisions, and the significance of considering the specific Tariff Act in determining classification.