2017 (3) TMI 932 - AT - Central Excise

Classification of Synthetic Web Equipment - classified under Chapter Sub Heading No. 6307.90 of the First Schedule to CETA, 1985 or under Tariff Item No. 4202 1990 of the said schedule? - Held that - Synthetic Web Equipment are classifiable under Sub Heading No. 4202 of the said Schedule - the entire duty demanded through the said SCN has been deposited before the adjudication - Since the matter was related to interpretation, we set aside the equal penalty imposed on appellants and personal penalty imposed on the other appellant - the appellants are directed to pay interest as required by law - appeal allowed - decided partly in favor of appellant.

Summary

Issues: Classification of goods under Central Excise Tariff Act, 1985; Imposition of duty, penalty, and interest; Applicability of previous Final Order.

Classification of Goods:
The case involved the classification of Synthetic Web Equipment under the Central Excise Tariff Act, 1985. The appellants claimed exemption under Notification No. 30/2004-CE and cleared the goods at Nil rate of duty. However, the Revenue contended that the goods should be classified under Tariff Item No. 4202 1990. The Original Authority upheld this classification and imposed duty, penalty, and interest. The appellants challenged this decision before the Tribunal.

Applicability of Previous Order:
The appellants argued that the issue of classification was already settled in a previous Final Order dated 25.10.2016 related to another entity, M/s. Superior Fabric. They accepted the classification determined in that order and requested the penalties imposed on them to be set aside. The Department also acknowledged that the issue was covered by the previous Final Order.

Tribunal's Decision:
After considering the submissions, the Tribunal noted that the issue of classification had already been decided in the earlier Final Order, where Synthetic Web Equipment was classified under Sub Heading No. 4202. The Tribunal upheld this classification for the appellants as well. It was also decided that Belt Waist was classifiable under Sub Heading No. 63.07. The Tribunal set aside the penalties imposed on the appellants as the matter primarily involved interpretation. The appellants were directed to pay interest as required by law. As a result, Appeal No. 2348/2009 was fully allowed, and Appeal No. 2347/2009 was partly allowed.

This judgment clarified the classification of goods under the Central Excise Tariff Act, 1985, based on a previous Final Order, and addressed the imposition of duty, penalty, and interest in the context of the classification issue.