2004 (1) TMI 424 - AT - Central Excise

Tribunal affirms resin adhesive classification under Heading 39.05 for excise duty

KONKAN KEMISTAR Versus COMMISSIONER OF CENTRAL EXCISE, MUMBAI-III

The Tribunal upheld the Commissioner (Appeals)'s decision to classify the synthetic resin adhesive under Heading 39.05 for excise duty purposes. The ... Adhesive - Demand Issues: Classification of synthetic resin adhesive for excise duty purposes1. Classification of synthetic resin adhesive:The appeal before the Appellate Tribunal CESTAT, Mumbai revolves around the classification of synthetic resin adhesive manufactured by the appellant for excise duty purposes. The appellant contended that the synthetic resin adhesive should be classified under Heading 35.06 of the tariff, while the department argued for classification under Heading 39.05. The dispute arose due to the department's view that both the synthetic resin adhesive and polyvinyl acetate emulsion manufactured by the appellant should be classified under Heading 3905 for calculating exemption under Notification 175/86.2. Interpretation of Notification 175/86:The Assistant Collector initially denied the exemption to the appellant, stating that both products should be classified under Heading 39.05 as they were cleared in bulk and not presented as glues in containers of one kilogram or less. However, it was clarified that the mode of presentation for sale is not decisive for classification. The Assistant Collector also emphasized that the product should have resin contents to be classified under Chapter No. 3506 of the Central Excise Tariff.3. Appeal and Circular 47/90:The department appealed the Assistant Collector's order, and the Commissioner (Appeals) relied on Circular 47/90 issued under Section 35B of the Act, classifying both products under Heading 39.05. The appellant argued that the demand for duty cannot be sustained solely based on the approved classification list, citing an amendment in Section 11A of the Act. The appellant contended that the synthetic resin adhesive should be classified under Heading 35.06 based on the Board's Circular 47/90, which excludes certain preparations of polymers for use as glues or adhesive from Chapter 39.05.4. Decision and Conclusion:The Tribunal dismissed the appeal, upholding the Commissioner (Appeals)'s order classifying the synthetic resin adhesive under Heading 39.05. The Tribunal found no grounds for interference, as the appellant did not present evidence that the goods were cleared in packaging of less than one kilogram or specially formulated for use as glues or adhesive. The judgment highlights the importance of proper classification for excise duty purposes and the impact of relevant circulars and notifications on such classification disputes.