1988 (8) TMI 204 - AT - Central Excise

Classification of latex foam sponge cushion seats for motor vehicles under Central Excise Tariff affirmed

COLLECTOR OF C. EX. Versus MM RUBBER CO. LTD.

The Tribunal upheld the classification of latex foam sponge cushion seats for motor vehicles under the Central Excise Tariff in favor of the Revenue. The ... Motor vehicle seats of latex foam sponge Issues:Classification of latex foam sponge cushion seats for motor vehicles under the Central Excise Tariff.Analysis:The case involved a dispute regarding the classification of latex foam sponge cushion seats for motor vehicles under the Central Excise Tariff. The respondent company claimed the goods should be classified under Item 68 of the Central Excise Tariff, while the department contended they should be classified under Item 16A. The Appellate Collector initially classified the goods under Item 34A for a specific period and later under Item 68. The department appealed this decision before the Tribunal.During the proceedings, the respondent sought permission to submit additional evidence, including certificates and letters from various organizations. However, the Tribunal rejected this request as the documents were not contemporaneous with the relevant orders issued by the lower authorities. The Tribunal emphasized the importance of timely submission of evidence in legal proceedings.The Tribunal considered previous decisions on similar cases, including the Collector of Central Excise, Madras v. Apex Rubber (P) Ltd. and Collector of Central Excise, Bangalore v. Poly Flex (P) Ltd. The arguments presented by both parties were evaluated in light of these precedents and relevant legal principles.Ultimately, the Tribunal upheld the classification of the latex foam sponge cushion seats in favor of the Revenue, citing previous decisions and distinguishing the case from other precedents based on the manufacturing process and the nature of the product. The appeal filed by the department was allowed, affirming the decision on the classification of the goods under the Central Excise Tariff.In conclusion, the Tribunal's judgment clarified the classification of the latex foam sponge cushion seats for motor vehicles under the Central Excise Tariff, emphasizing consistency with previous decisions and legal principles. The case highlighted the importance of presenting relevant evidence in a timely manner and the significance of precedent in determining legal disputes related to classification under the Central Excise Tariff.