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2019 (3) TMI 108 - AT - Central ExciseClassification of goods - manifold business forms including printed/ blank continuous computer stationery forms and printed cut sheet forms - classifiable under 4820 of CETA, 1985 or not - SSI Exemption - Held that - The ld. consultant is correct in his assertion that the classification of the impugned goods has been settled by case laws cited by him, in particular, the Tribunal s decision in Data Processing Forms Pvt. Ltd. 2011 (9) TMI 921 - CESTAT AHMEDABAD . This being so, at least in respect of the items in Table like LIC Intimation letter, share certificates, bus ticket, boarding pass, etc. all generated by computer stationery will not be exigible to tax. It is appropriate to remand the matter back to the original authority who will take note of in such re-adjudication and apply the ratios laid down in the decisions cited - The authority shall look into the claim and after applying the ratio of the case laws, it is found that the impugned goods are required to be classified under CETA 4901 and not under CETA 4820, the authority shall exclude the turnover thereof from the taxable turnover for the purposes of the SSI notification 8/2003-CX - appeal allowed by way of remand.
Issues:
Classification of goods under Central Excise Tariff Act, 1985 - Applicability of SSI exemption under Notification 8/2003-CX - Duty liability and penalties imposed under various provisions of law. Analysis: Issue 1: Classification of goods under Central Excise Tariff Act, 1985 The appellants were engaged in the manufacture of manifold business forms, including printed/blank continuous computer stationery forms and printed cut sheet forms. The department contended that the products should be classified under 4820 of CETA, 1985. However, the appellants were clearing these goods under the belief that they fell under SSI exemption under Notification 8/2003-CX. A show cause notice was issued proposing a duty demand and penalties. The original authority confirmed the duty liability and imposed penalties. In appeal, the Commissioner upheld the demand, except for setting aside the penalty under Rule 25. Issue 2: Applicability of SSI exemption under Notification 8/2003-CX During the hearing, the appellant's consultant argued that the turnover considered for duty calculation should exclude non-excisable jobs. He cited various case laws to support the claim that computer stationery and manifold business forms should be classified under Chapter 4901, not 4820. The consultant referred to decisions like Mehra Computers Systems Ltd. and Commissioner of Central Excise Vs. Gopsons Papers Ltd. to support the classification under Chapter 4901. The Tribunal's decision in Data Processing Forms Pvt. Ltd. was highlighted, along with other cases, to argue for the applicability of the SSI exemption. Issue 3: Duty liability and penalties imposed The Assistant Commissioner argued that the goods should be classified under 4820 of CETA, not 4911. After hearing both sides, the Tribunal found merit in the consultant's argument based on the cited case laws. The Tribunal noted that certain items like LIC Intimation letter, share certificates, bus tickets, etc., generated by computer stationery, should not be taxable. The Tribunal directed a remand to the original authority to re-adjudicate the matter considering the case law ratios cited. If the goods are classified under CETA 4901 and fall within the SSI exemption limit, the duty demand would be extinguished. No penalty would be imposed due to the litigation involved. In conclusion, the Tribunal allowed the appeal by way of remand, setting aside the impugned order and directing a re-adjudication based on the classification under Chapter 4901 and the applicability of the SSI exemption under Notification 8/2003-CX.
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