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of <h1>Supreme Court affirms Tribunal's decision on product classification and Central Excise Officer's jurisdiction</h1> <h3>AEON´S CONSTRUCTION PRODUCTS LTD. Versus COMMR. OF C. EX., CHENNAI</h3> AEON´S CONSTRUCTION PRODUCTS LTD. Versus COMMR. OF C. EX., CHENNAI - 2005 (184) E.L.T. 120 (SC) Issues:1. Classification of the product under Tariff Head 6807.20 or 6807.90.2. Jurisdiction of the Superintendent of Central Excise to issue show-cause notices.Analysis:Classification Issue:The case involved a dispute regarding the classification of the product manufactured by the Appellants under Tariff Head 6807.20 or 6807.90. The Tribunal and Commissioner found that the blocks manufactured did not fall under Tariff Item 6807.20 as they were not used in pre-fabricated buildings. The absence of evidence showing such usage led to the conclusion that the product must be classified under Tariff Item 6807.90. The judgment emphasized the importance of evidence in determining the correct classification of goods under the relevant tariff items.Jurisdiction Issue:Another key issue raised was the jurisdiction of the Superintendent of Central Excise to issue show-cause notices. The Appellants argued that the notices were without jurisdiction as they were issued by the Superintendent and not a higher authority as per certain Circulars. The judgment clarified that prior to 14-5-1992, only the Collector of Central Excise could issue notices in cases of fraud or willful misstatement. However, post the amendment to Section 11A, any Central Excise Officer could issue such notices. The judgment highlighted that the Board's Circulars were administrative directions and did not limit the jurisdiction of Central Excise Officers. It was concluded that the Superintendent had the jurisdiction to issue the show-cause notice, and the Deputy Commissioner had the authority to adjudicate the matter.In summary, the Supreme Court upheld the Tribunal's decision regarding the classification of the product under Tariff Head 6807.90 and affirmed the jurisdiction of the Superintendent of Central Excise to issue show-cause notices. The judgment emphasized the importance of evidence in classification disputes and clarified the role of Central Excise Officers in issuing notices post the relevant statutory amendments.
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