2001 (7) TMI 217 - AT - Central Excise

Tribunal reclassifies product, grants duty waiver under Section 35F

POLYSET PLASTICS LTD. Versus COMMISSIONER OF CENTRAL EXCISE, SURAT-II

POLYSET PLASTICS LTD. Versus COMMISSIONER OF CENTRAL EXCISE, SURAT-II - 2001 (138) E.L.T. 1199 (Tri. - Mumbai) Issues:1. Application for waiver of payment of duty and penalty under Section 35F of the Central Excise Act.2. Classification of Glass Filled Nylon Insulating Liners under the Central Excise Tariff Act.Analysis:1. The appellant filed an application under Section 35F of the Central Excise Act seeking waiver of duty amounting to Rs. 50,46,332.00 and an equal amount of penalty. The matter was taken up for disposal after waiving the deposit, as it was found to be covered by a previous Tribunal decision. The appellant, engaged in manufacturing Plastic Insulated Liners used in railway track construction, argued that the liners were primarily for fastening rails to sleepers and not for insulation, as claimed by the authorities.2. The dispute centered around the classification of Glass Filled Nylon Liners under the Central Excise Tariff Act. The authorities contended that the liners were correctly classified under chapter sub-heading No. 8546.00 as 'Electrical Insulators of any material.' The Adjudicating Authority rejected the appellant's arguments, citing chapter note 2(n) of Chapter 39, which excludes articles of Section XVI from Chapter 39. The Authority held that the liners, functioning as electrical insulators, were covered under chapter heading 85.46.3. The appellant argued that the liners acted as track fastening materials and not insulators, emphasizing their use in railway track construction where insulation was not required. The Adjudicating Authority, however, relied on the H.S.N. Explanatory Notes to support the classification of the liners as insulators used for electrical traction systems. The appellant's contentions were dismissed, and duty along with penalties were confirmed.4. In the appeal, the Tribunal considered the arguments and the precedent set by a previous judgment. Referring to the judgment of the Eastern Regional Bench, the Tribunal held that the Glass Filled Nylon Insulating Liners fell under Item 3926.90 of the Central Excise Tariff Act, not under item 8546.00 as claimed by the Revenue. Consequently, the impugned order was set aside, and the appeal was allowed, leading to the disposal of the application for stay.This detailed analysis covers the issues raised in the legal judgment regarding the waiver of duty, classification of Glass Filled Nylon Insulating Liners, and the Tribunal's decision based on relevant legal provisions and precedents.