1999 (3) TMI 254 - AT - Central Excise

Appeal outcome: Goods classified as S.S. Castings, not machine parts. Relief admissible. .S.Castings

The appeal was disposed of with the finding that the goods were correctly classifiable as S.S. Castings and had not attained the shape of identifiable ... Classification Issues Involved:1. Classification of goods as S.S. Castings or CTC segments.2. Alleged suppression of facts and misstatement by the appellants.3. Validity of the show cause notice and its compliance with Section 11A(1) of the Central Excise Act.4. Jurisdiction of the Collector to review the classification list.5. Bona fide belief of the appellants regarding the classification of goods.6. Applicability of Rule 2(a) of the Interpretative Rules for classification.Issue-wise Detailed Analysis:1. Classification of Goods as S.S. Castings or CTC Segments:The primary issue was whether the goods manufactured by the appellants were correctly classifiable as S.S. Castings under T.I. 25 (16)(ii) or as CTC segments under T.I. 68. The appellants contended that their products were S.S. Castings and had not acquired an identifiable shape as machine parts (CTC). The Tribunal referred to previous decisions, including the Shivaji Works Limited case, which emphasized the 'functional test' for determining the character of a product. It was concluded that the goods were still castings and had not attained the shape of identifiable machine parts, thus correctly classifiable as castings.2. Alleged Suppression of Facts and Misstatement by the Appellants:The department alleged that the appellants suppressed the actual description of the goods in their G.P. 1 forms and removed CTC segments on payment of duty applicable to castings, thereby evading duty. The Tribunal noted that the appellants were showing the description of goods as S.S. Castings (CTC segments) till 16-1-1979 but deleted this expression subsequently. This was seen as an attempt to mislead the authorities, supporting the allegation of suppression.3. Validity of the Show Cause Notice and Compliance with Section 11A(1):The appellants argued that the show cause notice (SCN) issued on 7-2-1985 did not invoke the proviso to Section 11A(1) for extending the time limit to five years and did not specify any ingredient leading to willful suppression to evade duty. The Tribunal found that the SCN clearly invoked Section 11A alleging willful misstatement and suppression, thus complying with the legal requirements.4. Jurisdiction of the Collector to Review the Classification List:The appellants contended that the classification lists were approved and could not be reviewed. However, the Tribunal found that the classification list No. 2/83 was provisionally approved and reviewed by the Collector, leading to the proceedings. It was held that there was nothing wrong in reviewing the classification list, and the Collector had the jurisdiction to demand duty by issuing a show cause notice.5. Bona Fide Belief of the Appellants Regarding the Classification of Goods:The appellants claimed a bona fide belief that the duty was not payable on the product, supported by decisions of two Deputy Collectors classifying the goods under T.I. 26AA or 25(16)(ii). However, the Tribunal noted that these decisions were made after the material period and no evidence was provided to show different views during the relevant period. Thus, the plea of bona fide belief was not accepted.6. Applicability of Rule 2(a) of the Interpretative Rules for Classification:The Tribunal examined Rule 2(a) of the Interpretative Rules, which states that incomplete or unfinished goods having the essential character of complete or finished goods should be classified as such. It was concluded that castings, even after rough machining, did not attain the essential character of machine parts. Therefore, the goods were correctly classifiable as castings under T.I. 25 (16)(ii) and not as CTC segments under T.I. 68.Conclusion:The appeal was disposed of with the finding that the goods were correctly classifiable as S.S. Castings and had not attained the shape of identifiable machine parts. Consequently, any relief due to the appellants would be admissible in accordance with the law.