2014 (7) TMI 357 - AT - Central Excise

Classification of goods - whether the canvas canopies specially designed for lorries, tool bags and web equipment of textile material are classifiable under sub heading 6306/6307 and hence fully exempt from duty under Notification No. 30/2004-CE or the same are classifiable as accessories of motor vehicle under heading 8708 - Held that - these canopies made from canvas tarpaulin, are basically the tarpaulins cut into special shapes for covering goods loaded into open lorries of different models. All tarpaulins are covered by heading 6306 of the Central Excise Tariff. This heading of Central Excise Tariff is identical to heading 6306 of the HSN. In terms of HSN explanatory notes to HSN heading 6306, tarpaulins are used to protect goods stored in the open or loaded in ships, wagons, lorries, etc. against bad weather, that they are generally made of coated or uncoated man-made fiber fabrics, or heavy to fairly heavy canvas (of hemp, jute, flex or cotton) and are waterproof, that tarpaulins are generally in the form of rectangular sheets, hemmed along sides and may be fitted with eyelets and that the Tarpaulin which are specially shaped (e.g. for covering hayricks, decks of small vessels, lorries etc.) also fall in this heading provided they are flat . The canvas Tarpaulins, in question, are specially shaped for different model of lorries and though the Department s contention is that the same are not flat, no evidence in this regard has been produced. In our view, therefore, these Tarpaulin would be correctly classifiable under heading 6306 and not as parts or accessories of motor vehicles under heading 8708. - Decided in favour of assessee.

Summary

Issues:
Classification of goods under Central Excise Act, eligibility for duty exemption under Notification No. 30/2004-CE, imposition of penalties, confiscation of goods.

Analysis:
1. Classification of Goods:
The appellant was engaged in manufacturing canvas canopy, tool bags, and web equipment. The dispute arose regarding the classification of these items under the Central Excise Act. The Department argued that the items were parts or accessories of motor vehicles and should be classified under heading 8708, making them ineligible for duty exemption. However, the appellant contended that the items fell under headings 6306 and 6307, making them eligible for full duty exemption under Notification No. 30/2004-CE. The appellate tribunal analyzed the nature of the items and referred to the HSN explanatory notes to determine the correct classification. It was established that the canvas canopies specially designed for lorries were correctly classifiable under heading 6306, as they were essentially tarpaulins cut into special shapes for covering goods loaded into open lorries. The tribunal also noted that tool bags and web equipment made of textile material fell under heading 6307, supporting their exemption from duty under the notification.

2. Eligibility for Duty Exemption:
The tribunal examined the appellant's compliance with Notification No. 30/2004-CE, which provided duty exemption for textile items falling under Chapter 63. It was crucial to determine whether the appellant availed input duty Cenvat Credit during the disputed period. The appellant argued that since they did not avail such credit and the items were correctly classified under Chapter 63, they were entitled to the duty exemption. The tribunal upheld this argument, concluding that the appellant met the conditions for duty exemption under the notification.

3. Imposition of Penalties and Confiscation of Goods:
The original order imposed significant penalties on the appellant firm and an individual partner, along with the confiscation of seized goods. The tribunal reviewed the penalties and confiscation in light of the correct classification of goods and eligibility for duty exemption. After considering the arguments presented by both sides, the tribunal found that the impugned order was not sustainable. Consequently, the penalties and confiscation were set aside, and the appeals filed by the appellant firm and the partner were allowed.

In conclusion, the appellate tribunal's judgment clarified the classification of goods under the Central Excise Act, affirmed the eligibility for duty exemption under Notification No. 30/2004-CE, and overturned the penalties and confiscation of goods imposed in the original order. The detailed analysis of the issues involved provided a comprehensive understanding of the tribunal's decision, ensuring a fair and just outcome for the appellant.