2003 (1) TMI 115 - SUPREME COURT

Changing classification - Insulating fittings - invoking first proviso to sub-section (1) of Section 11A - Held that:- The Tribunal correctly arrived at the conclusion that the goods manufactured by the petitioners were classifiable under Heading 85.47. The argument that goods were not made wholly of insulating material and to which plasticisers, fillers etc., have been added for the purpose of bringing down the cast was rightly rejected by the Tribunal by considering the wording of Heading 85.47. Hence, in our view, the said findings rendered by the Tribunal do not call for interference.

Prima facie, it is apparent that there was no justifiable reason for invoking larger period of limitation. There is no suppression on the part of the appellant-firm in mentioning the goods manufactured by it. By merely claiming it under heading 3926.90 it cannot be said that there was any wilful misstatement or suppression of fact. Hence, there was no justifiable ground for the Tribunal for invoking the first proviso to sub-section (1) of Section 11A of the Act. Appeals are allowed, impugned orders passed by the Tribunal are modified. Order imposing penalty is set aside