2024 (7) TMI 6 - AT - Central Excise

Classification of goods supplied to railways - PVC Flooring Covering under Tariff Head No 39181090 or under Tariff Head No. 86079910? - exemption under N/N. 12/2016-CE dated 01-03-2016 - benefit of exemption under the N/N 12/2016-CE dated 01-03-2016 - HELD THAT - Issue whether the goods will be classified under the specific tariff entry of the goods cleared or under chapter 86 has been settled by the Hon ble Supreme Court in the case of WESTINGHOUSE SAXBY FARMER LTD. VERSUS COMMR. OF CENTRAL EXCISE CALCUTTA 2021 (3) TMI 291 - SUPREME COURT - Hon ble Supreme Court has held that end use of the goods should be a determinative factor for deciding the classification of goods. In case of the goods supplied to railway for being used in the rolling stock, the goods get classified as part of the rolling stock under chapter 86. That being so the classification claimed by the appellant at the instance of Railways under 86079910 cannot be faulted with. Accordingly the duty paid by the appellant claiming exemption under N/N. 12/2016-CE dated 01.03.2016 needs to be upheld. There are no merits in the impugned order to this extent - appeal allowed.

Issues Involved:
1. Classification of goods supplied to Railways.
2. Applicability of Notification No. 12/2016-CE.
3. Imposition of penalty under Section 11AC of the Central Excise Act, 1944.
4. Adjudicating authority exceeding the scope of the show cause notice (SCN).

Issue-wise Detailed Analysis:

1. Classification of Goods Supplied to Railways:
The primary issue revolves around the classification of "PVC Flooring Covering" supplied to the Railways. Initially, the appellant classified these goods under CETSH No. 39181090 but later, on insistence of the Railways, reclassified them under CETSH No. 86079910 to avail the benefit of Notification No. 12/2016-CE dated 01.03.2016. The Commissioner (Appeal) found that the goods were indeed classifiable under CETSH 39181090 and not under Chapter 8607, thus making the concessional rate of duty inapplicable. However, the Tribunal referred to the Hon’ble Supreme Court's judgment in Westinghouse Saxby Farmer Ltd, which emphasized that the end use of the goods should be a determinative factor for classification. The Tribunal concluded that since the goods were meant for use in railway coaches, they should be classified under Chapter 86 as parts of rolling stock, thereby justifying the classification under 86079910.

2. Applicability of Notification No. 12/2016-CE:
The benefit of Notification No. 12/2016-CE was initially availed by the appellant by paying a reduced excise duty of 6%. The Commissioner (Appeal) held that this benefit was not admissible as the goods were not classifiable under Chapter 8607. However, the Tribunal, aligning with the Supreme Court's interpretation, held that the goods, being used in railway rolling stock, were correctly classified under Chapter 86, thus making the appellant eligible for the concessional rate under the said notification.

3. Imposition of Penalty under Section 11AC of the Central Excise Act, 1944:
The appellant contended that no penalty should be imposed under Section 11AC as there was no intent to evade duty. The Commissioner (Appeal) noted that the SCN did not discuss how the provisions of Section 11AC were attracted and that the adjudicating authority imposed a penalty under Rule 25 of the CER, which was not proposed in the SCN. The Tribunal upheld this view, stating that the appellant had informed the department about the classification and paid the differential duty under protest, indicating no intent to evade duty. As the duty was paid before the SCN was issued and appropriated against the confirmed demand, no penalty was deemed imposable.

4. Adjudicating Authority Exceeding the Scope of the SCN:
The Tribunal observed that the adjudicating authority imposed a penalty under Rule 25 of the CER, which was beyond the scope of the SCN that only proposed a penalty under Rule 27. This act of the adjudicating authority was considered as traveling beyond the allegations made in the SCN. The Tribunal found merit in the appellant's argument and set aside the penalty imposed, modifying the impugned order accordingly.

Conclusion:
The Tribunal allowed the appeal, setting aside the penalty imposed and upholding the classification of goods under Chapter 86, thus making the appellant eligible for the concessional duty rate under Notification No. 12/2016-CE. The Tribunal emphasized the importance of the end use of goods in determining their classification and found no intent to evade duty by the appellant.

← Previous Next →