1999 (8) TMI 661 - AT - Central Excise

Summary

Issues Involved:
Classification of the impugned product under sub-heading 3214.00 or 3200.90 of the Central Excise Tariff Act.

Analysis:
1. The appeal raised the issue of classifying the impugned product under sub-heading 3214.00 or 3200.90 of the Central Excise Tariff Act. The appellant initially described the product as paints and varnishes under sub-heading 3209.90 but later as non-refractory preparations for facades under sub-heading 3214.00. The Assistant Collector classified it under sub-heading 3209.90, upheld by the Collector (Appeals) after remand. The appellant argued that the show cause notice lacked evidentiary basis and reasons for classification under 3209.90, emphasizing the need for disclosure of test reports or commercial enquiry. They contended that the impugned product did not meet the criteria for paints and varnishes, citing its properties and trade recognition. Reference was made to relevant case law and definitions to support their position.

2. The Department, represented by the ld. DR, justified reliance on the Chemical Examiner's report for classification under sub-heading 3209.90, as directed by the Collector (Appeals). It was noted that the appellant did not request a retest of the samples. The Tribunal considered both arguments, acknowledging the Collector (Appeals) initial acceptance of the appellant's natural justice violation claim due to non-disclosure of the test report. However, after disclosure and subsequent adjudication, the Collector (Appeals) passed an order within the given directions. The test report indicated the product's composition and properties resembling distemper, with no retest request from the appellant. The Tribunal found the legal advice provided by a consultant insufficient compared to the Chemical Examiner's report, leading to the classification under sub-heading 3209.90.

3. Ultimately, the Tribunal upheld the lower authorities' classification under sub-heading 3209.90, rejecting the appellant's argument for classification under Heading 32.14. The penalty imposed was set aside as the issue focused on product classification, not warranting penal action. The judgment concluded that the test report, proper examination, and adherence to directions justified the classification decision, emphasizing the importance of expert opinions over legal advice in such matters.

4. In conclusion, the appeal was disposed of based on the above analysis, affirming the classification under sub-heading 3209.90 and removing the penalty, as the issue primarily revolved around the correct classification of the impugned product under the Central Excise Tariff Act.