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of <h1>Tribunal dismisses appeal on goods classification due to failure to assert specific classification earlier</h1> <h3>V. ACCESS INDIA (P) LTD. Versus COMMISSIONER OF CENTRAL EXCISE, JAIPUR</h3> V. ACCESS INDIA (P) LTD. Versus COMMISSIONER OF CENTRAL EXCISE, JAIPUR - 2002 (143) E.L.T. 206 (Tri. - Del.) Issues: Classification of goods under Chapter Heading, admissibility of exemption as SSI unit, admissibility of Modvat creditClassification of goods under Chapter Heading:The appellant, engaged in manufacturing car mats, argued that the car mats should be classified under Chapter Heading 87.08 instead of Chapter sub-heading 5702.90 as per a previous Tribunal decision. They claimed that this reclassification would make them eligible for the concession as a small scale industrial unit and for Modvat credit. However, the Tribunal noted that the appellant had never previously claimed this classification under Chapter 87.08. As a result, the Tribunal found no merit in the appeal and rejected it, stating that the issue of exemption as an SSI unit or Modvat credit did not arise due to the appellant's failure to claim the classification earlier.Admissibility of exemption as SSI unit:The appellant contended that if the goods were classified under Chapter Heading 87.08, they would become eligible for exemption as a small scale industrial unit. However, the Tribunal highlighted that since the appellant had not raised this classification issue earlier and had always claimed classification under a different heading, the question of admissibility of exemption as an SSI unit did not arise. Consequently, the Tribunal found no grounds to support the appellant's appeal and rejected it.Admissibility of Modvat credit:The appellant also argued that if the goods were classified under Chapter Heading 87.08, they would potentially be eligible for Modvat credit. However, the Tribunal emphasized that since the appellant had not previously raised the classification issue under Chapter 87.08, the question of admissibility of Modvat credit could not be considered at that stage. As a result, the Tribunal found no basis to entertain the appellant's appeal and dismissed it, concluding that the appeal lacked merit due to the appellant's failure to claim the specific classification earlier.
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