2003 (9) TMI 376 - AT - Central Excise

CESTAT Upholds Classification of Textile Padding Solutions under Central Excise Tariff

SHIVA BHARATH INDUSTRIES Versus COMMISSIONER OF CENTRAL EXCISE, MUMBAI

The Appellate Tribunal CESTAT, Mumbai upheld the classification of Textile padding solutions under Central Excise Tariff Sub-heading 3909.10, rejecting ... Stay/Dispensation of pre-deposit Issues: Classification of product under Central Excise Tariff, waiver of pre-deposit of duty, penalty impositionIn the judgment delivered by the Appellate Tribunal CESTAT, Mumbai, the issue at hand was the classification of the product in dispute, Textile padding solutions, under the Central Excise Tariff Sub-heading 3909.10, as opposed to the assessee's claim for classification under Heading 3809.00. Additionally, a penalty of Rs. 20,000 was imposed, leading to a total duty of Rs. 2,74,863.25 confirmed against the applicants. The order under consideration was from the Commissioner of Central Excise (Appeals), Mumbai, covering the period from 1-3-97 to 31-5-98.Upon hearing both sides, the tribunal noted that the department's classification was based on a chemical analysis of the product, determining it to be an 'aqueous solution of condensation of product of urea/organic amino compound and aldehyde,' exhibiting characteristics of pre-polymers with other amino acids. Consequently, the tribunal found that a strong prima facie case for total waiver had not been established by the applicants. Therefore, the tribunal directed a pre-deposit of Rs. 1,35,000 towards the duty within eight weeks, and upon such deposit, the pre-deposit of the remaining duty and penalty would be waived, with the recovery thereof stayed pending the appeal. Failure to comply with this directive would lead to the vacation of the stay and dismissal of the appeal without prior notice.The tribunal set a deadline for compliance, requiring a report by 12-11-2003 to ensure adherence to the pre-deposit directive and subsequent actions as outlined in the judgment.