2000 (3) TMI 868 - AT - Central Excise

CEGAT Chennai: Tribunal Overturns Duty Demand, Emphasizes Prospective Reclassification

The Appellate Tribunal CEGAT, Chennai, allowed the appeal in the case concerning the classification of goods, invocation of a larger period for duty ... Demand - Short-levy - Re-classification Issues:1. Classification of goods under different tariff headings.2. Invocation of larger period for differential duty demand.3. Suppression of facts and imposition of penalty.Classification of Goods:The appeal involved a dispute regarding the classification of goods under different tariff headings. The appellants were engaged in rubberization work of road wheels and track pins/blocks of battle tanks, supplying them to a company for ultimate despatch to the Defense Department. Initially classified under T.I. 68, the department later contended that the goods should be reclassified under chapter heading 87.10 with a higher duty rate. Despite the appellants' argument that there was no suppression as they had consistently declared details in the classification list, the Commissioner held that reclassification was necessary under 87.10, although acknowledging the absence of suppression. The Tribunal analyzed the facts and legal precedents, ultimately allowing the appeal and setting aside the confirmed differential duty demand.Invocation of Larger Period:Another issue revolved around the invocation of a larger period for the differential duty demand. The Commissioner had initially confirmed demands for a period of six months before the show cause notice was issued, totaling Rs. 12,57,242.53. However, the appellants contended that the demands should only be prospective, citing a Supreme Court judgment. The Tribunal, after careful consideration, agreed with the appellants, emphasizing that in cases of reclassification by the department, demands should be prospective rather than retrospective. Relying on the Apex Court's judgment, the Tribunal set aside the differential duty demand, ruling in favor of the appellants.Suppression of Facts and Penalty:The issue of suppression of facts and imposition of penalty was also addressed in the appeal. The Commissioner acknowledged that there was no suppression on the part of the appellants, attributing any lapses to the assessing officer. Despite the department's plea to confirm the duty for the preceding six months, the Tribunal held that the demands should only be prospective due to the reclassification issue. Consequently, the Tribunal allowed the appeal, providing consequential relief to the appellants in accordance with the law.In conclusion, the Appellate Tribunal CEGAT, Chennai, in the cited judgment, resolved the issues related to the classification of goods, invocation of a larger period for duty demands, and the absence of suppression leading to the imposition of penalty. The Tribunal's decision favored the appellants, setting aside the confirmed differential duty demand and emphasizing the prospective nature of demands in cases of reclassification, aligning with established legal principles and precedents.