1983 (11) TMI 208 - AT - Central Excise

Appellate Tribunal rules welding wires not classifiable under Tariff; nullifies duties and penalties.

INDO METAL INDUSTRIES Versus COLLECTOR OF C. EX.

INDO METAL INDUSTRIES Versus COLLECTOR OF C. EX. - 1989 (43) E.L.T. 784 (Tribunal) Issues:Classification of goods described as 'copper coated submerged arc welding wires' under the Central Excise Tariff (CET).Detailed Analysis:1. Background and Allegations:The case involved a dispute regarding the classification of 'copper coated submerged arc welding wires' under the Central Excise Tariff (CET). The proceedings were initiated following the seizure of the said product by the department, alleging that the goods were classifiable under Item 50 of the CET. The department claimed that the manufacturing activity had not complied with Central Excise formalities and required licenses. However, the party contended that the goods did not meet the definition of 'welding electrodes' and were used for electroplating and re-coiling on a job basis, with the wires returned to customers after processing.2. Orders and Appeals:The Deputy Collector of Central Excise, Calcutta, confirmed the notice to show cause, classifying the goods as 'welding electrodes' under Item 50 of the CET. The order included duty levies, confiscation of goods, and a penalty. The party's appeal to the Appellate Collector of Central Excise was dismissed, upholding the classification under Item 50 of the CET.3. Appellants' Arguments:In the subsequent appeal, the party challenged the lower authorities' findings, arguing that the goods were not liable for excise duty under Item 50 of the CET. They claimed to be engaged in job work, copper-coating wires received from specific companies, and were unaware that the processed wires became excisable. The appellants also highlighted discrepancies in the classification stated in the notice to show cause versus the final orders.4. Appellate Tribunal Decision:During the appeal hearing, it was noted that similar goods had been the subject of previous appeals where the classification under Item 50 of the CET was not upheld. The respondent acknowledged the similarity of the goods in question to those in the previous appeals and did not contest the appellants' request for a similar outcome. Consequently, the Appellate Tribunal allowed the appeal, ruling that the wires did not fall under Item 50 of the CET. As a result, duties, penalties, and confiscation orders were set aside. The Tribunal, however, left open the possibility of alternative classification under different tariff items based on new evidence.In conclusion, the Appellate Tribunal's decision favored the appellants, determining that the 'copper coated submerged arc welding wires' were not classifiable under Item 50 of the CET, thereby nullifying the duties, penalties, and confiscation orders imposed by the lower authorities.