1987 (2) TMI 72 - HC - Central Excise

Supreme Court Rules on N.G. Poster Paper Classification Issue, Emphasizes Quasi-Judicial Powers

The Supreme Court intervened in a case concerning the classification of N.G. Poster Paper for excise duty assessment, emphasizing the quasi-judicial ... Classification of goods being a mixed question of law and facts Issues:Classification of N.G. Poster Paper for excise duty assessment.Analysis:The dispute revolved around the classification of N.G. Poster Paper manufactured by a company for excise duty assessment. Initially, there was confusion regarding whether the paper should be classified as Printing & Writing Paper or Packing & Wrapping Paper. The Finance Act of 1961 raised the excise duty rate, leading to a change in classification. The company protested against the new classification, claiming that it should be classified differently based on previous practices. The matter escalated through various appeal stages, including the Collector of Central Excise, with no favorable outcome for the company. However, the Supreme Court intervened in a related case and emphasized the quasi-judicial nature of the authorities' powers, leading to a remittance of the matter for a fresh decision by the Collector.Subsequently, the Appellate Collector of Central Excise conducted a detailed review and classified the Poster Paper as 'Printing and Wrapping Paper.' However, the Government of India initiated a review of this decision, alleging that crucial facts were overlooked. The government set aside the Appellate Collector's decision and directed a fresh assessment based on all evidence.The Appellate Collector, upon reevaluation of the documents, reaffirmed the classification of the Poster Papers as printing and writing paper, disposing of multiple appeals and granting relief to the company. Nevertheless, the Government of India issued another notice for revising the Appellate Collector's order, prompting the company to file a writ petition due to concerns about a biased approach by the government.Both parties presented arguments regarding the actual use of poster papers in the industry, with the company emphasizing historical practices and official documents supporting its stance, while the government highlighted industry testimonies and practical usage indicating the papers were primarily used for wrapping purposes.The court acknowledged the importance of classifying the paper based on its actual use and industry practices, emphasizing the need to delve into the facts to make a precise determination. Despite the prolonged legal proceedings and the company's plea for a final decision, the court refrained from intervening due to the appeal pending before the Tribunal, emphasizing that the matter required a thorough examination of evidence, making it unsuitable for a writ jurisdiction decision.Ultimately, the court discharged the rule, vacated the interim order, and directed the Tribunal to expedite the case's resolution. It clarified that all contentious points were left open for the Tribunal's determination, with no order regarding costs.