Name Change Approved for Soft Foam Industries to Sheela Foam Pvt. Ltd. | Quilted Textile Product Classification

The Tribunal allowed the change of name from M/s. Soft Foam Industries Pvt. Ltd. to M/s. Sheela Foam Pvt. Ltd. due to a merger approved by the Delhi High Court. The appeal on the classification of Quilted Textile product was partly allowed in favor of the appellant, classified under heading 5810.00. The Tribunal upheld treating the value as cum-duty price, following a Supreme Court precedent, and rejected the Revenue's appeal. The decision was issued on 24.01.2012.

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Issues:
1. Change of name of the appellant from M/s. Soft Foam Industries Pvt. Ltd. to M/s. Sheela Foam Pvt. Ltd.
2. Classification of Taped Sheets for Mattresses and Quilted Textile product.
3. Treatment of value as cum-duty price for the purpose of calculation of differential duty of Central Excise.

Analysis:

Issue 1: Change of Name
The appellant, M/s. Soft Foam Industries Pvt. Ltd., sought a change of name to M/s. Sheela Foam Pvt. Ltd. due to a merger approved by the Hon'ble Delhi High Court. The Appellate Tribunal allowed the change in the name of the assessee in all appeals as M/s. Sheela Foam Pvt. Ltd.

Issue 2: Classification of Products
- Taped Sheets for Mattresses: The counsel for the assessee did not press the appeal regarding the classification of Taped Sheets for Mattresses, citing a settled case and a Supreme Court dismissal. The Tribunal did not delve into this issue further.
- Quilted Textile product: The appellant contended that the product should be classified under heading 5810.00, while the Revenue argued for classification under 9404.00. After examining the product sample and relevant descriptions, the Tribunal found heading 5810.00 more specific and classified the product accordingly.

Issue 3: Treatment of Value
Regarding the treatment of value as cum-duty price, the Tribunal upheld the decision that the amount realized by the assessee should be treated as cum-duty price based on a Supreme Court precedent. Consequently, the appeal filed by the Revenue against this conclusion was rejected.

In conclusion, the Tribunal allowed the change of name of the assessee, partly allowed the appeal concerning the classification of the quilted textile product, and rejected the Revenue's appeal. The decision was pronounced on 24.01.2012.

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