2015 (11) TMI 1587 - AT - Central Excise

CESTAT MUMBAI: Rubber solution classified under Chapter 40.05, duty liability recalculated

M/s. Fibrotex (Processors) Versus Commissioner of Central Excise, Mumbai-IV

The Appellate Tribunal CESTAT MUMBAI ruled against the appellant, confirming the classification of rubber solution under chapter no. 40.05, attracting a ... Classification of goods - rubber blined hose pipes and flexible hose piping - classification under CSH-4001.00 of Central Excise Tariff Act 1985 or under CH 40.05 - Held that:- issue of classification is squarely settled against the appellant by the judgment of the Apex Court their own case. The appeal which contested the classification of the product rubber solution was rejected to that extent and it was held that the product in question “rubber solution” is classifiable under chapter no. 40.05, hence there is no question of deciding the classification issue. Eligibility of benefit of N/N. 377/86-CE - any product which is falling under chapter no. 40.05 is to be extended the benefit of concessional rate of duty i.e. 15% - for the period October, 1986 to February 1987, the appellant are eligible for notification no. 377/86-CE, in respect of the product “rubber solution” of CTH-40.05. The duty liability for the period needs to be recalculated and appellant is directed to discharge the duty liability. Duty liability on appellant for the period March, 1987 to May, 1988 - rubber solution consumed in the manufacture of the final products in the same factory of the appellant, which classified under the said chapter no. 59, was added as eligible for the goods N/N. 217/86-CE & no. 82/87-CE dated 1/3/1987. since captive consumption is exempted, no duty liability arises for the period from March 1987 to May 1988. Appeal disposed off - decided partly in favor of appellant. Issues: Classification of rubber solution under Central Excise Tariff Act 1985, Benefit of notification no. 377/86-CE, Duty liability for the periods October 1986 to February 1987 and March 1987 to May 1988.The judgment by the Appellate Tribunal CESTAT MUMBAI involved an appeal against an order dated 28/06/2005 regarding the classification of rubber solution under the Central Excise Tariff Act 1985. The appellant, a manufacturer of rubber products, claimed classification under CSH-4001.00 for rubber solution, seeking the benefit of 'nil' duty under notification no. 250/86-CE. However, after examination, it was determined that the correct classification was under CH 40.05, attracting a 40% duty liability and not eligible for the claimed notification. The first appellate authority upheld this decision, leading to the appeal.The issue of classification of the rubber solution was settled against the appellant based on a previous judgment by the Apex Court in their own case, confirming the classification under chapter no. 40.05. Therefore, the tribunal found no need to revisit the classification issue. Regarding the benefit of notification no. 377/86-CE, which provides a concessional rate of duty at 15% for products falling under chapter no. 40.05, the tribunal held that the appellant was eligible for this benefit for the period October 1986 to February 1987. The duty liability for this period needed recalculation, and the appellant was directed to discharge the duty liability accordingly.For the period from March 1987 to May 1988, it was established that the rubber solution was consumed in the manufacture of final products within the appellant's factory, falling under a different chapter and covered by notification no. 217/86-CE. As captive consumption was exempted under this notification, no duty liability arose for this period. Therefore, the appeal was disposed of with these conclusions, providing clarity on the classification, benefit of notification, and duty liability for the respective periods.