2018 (7) TMI 1112 - AT - Central Excise

Classification of manufactured goods - Potato Flakes - the contention of Revenue is that Potato Flakes manufactured by the appellant were classifiable under said Chapter 20 - Held that - Reliance placed in the case of M/S. CENTURY LAMINATING CO. LTD. M/S. YOGENDRA VERMA VERSUS COMMISSIONER OF CENTRAL EXCISE, MEERUT 2017 (9) TMI 408 - CESTAT ALLAHABAD , where this Tribunal has decided the classification of said goods to be under Tariff Item No. 11052000 of Schedule to Central Excise Tariff Act, 1985 - impugned order not sustainable - appeal allowed - decided in favor of appellant.

Summary

Issues: Classification of goods under Central Excise Tariff Act, 1985; Validity of Show Cause Notices; Appeal against Order-in-Original

Classification of goods under Central Excise Tariff Act, 1985:
The case involved the classification of Potato Flakes under the Central Excise Tariff Act, 1985. The appellants were engaged in the manufacture of various products, including Potato Flakes. The Revenue alleged that Potato Flakes fell under Chapter 20 of the Tariff Act and demanded Central Excise duty. The issue arose from a previous Order-in-Original by the Commissioner classifying Potato Flakes under Chapter 20. However, the Tribunal had previously classified Potato Flakes under Tariff Item No. 11052000 in a Final Order dated 09/08/2017. The Tribunal, after considering submissions from both sides, held that the demands raised by Revenue based on the classification under Chapter 20 were not sustainable. Consequently, the impugned Order-in-Original dated 26/02/2015 was set aside, and the appeal was allowed in favor of the appellant.

Validity of Show Cause Notices:
The appellants were issued multiple Show Cause Notices demanding Central Excise duty for clearing Potato Flakes without reversing Cenvat credit. These notices covered a period from March 2011 to March 2014, with varying amounts of duty demanded. The Original Adjudicating Authority confirmed the demand and imposed penalties. However, the appellant contended that the basis for these demands was the classification under Chapter 20, which had been overturned by the Tribunal's previous Final Order. The Revenue's representative agreed that the issue was covered by the said Final Order. The Tribunal, upon review, found that the demands made through the Show Cause Notices were not valid due to the incorrect classification of Potato Flakes. As a result, the impugned Order-in-Original was deemed unsustainable, and the appeal was allowed in favor of the appellant.

Appeal against Order-in-Original:
The appeal before the Tribunal challenged the Order-in-Original dated 26/02/2015, which confirmed the demand for Central Excise duty and penalties against the appellant. The appellant argued that the classification of Potato Flakes under Chapter 20, as per the Order-in-Original, was incorrect. The Tribunal, in light of its previous Final Order classifying Potato Flakes under a different Tariff Item, found the impugned Order-in-Original unsustainable. Consequently, the Tribunal set aside the Order-in-Original and allowed the appeal, granting the appellant consequential relief as per the law.