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2005 (3) TMI 164 - HC - Central Excise
Issues:
Classification of Domestic Flour Mills under Tariff Heading No. 85.09 or 84.37. Issue 1: Classification of Domestic Flour Mills The petitioner challenged an order by the Commissioner (Appeals) that classified Domestic Flour Mills, known as "Gharghanti," under Heading No. 85.09 of the Tariff instead of Heading No. 84.37 as determined by the Assistant Commissioner. Various show cause notices were issued demanding duty based on this classification discrepancy. Issue 2: Interpretation of Circular and Previous Decisions The Customs, Excise and Gold Control Appellate Tribunal (CEGAT) had previously classified Gharghanti under Heading No. 85.09. However, a Circular dated 5-12-1994 by the Central Board for Excise and Customs (CBEC) clarified that flour mills should be under Heading No. 84.37. This led to conflicting decisions by different authorities regarding the retrospective application of the Circular and the relevance of previous tribunal decisions. Issue 3: Legal Proceedings and Appeals The Assistant Commissioner issued adjudication orders based on the CBEC Circular, dropping show cause notices against the petitioner. However, the Commissioner (Appeals) set aside these orders and directed appeals to be filed against them, arguing that the Circular was not binding on the quasi-judicial authority. The main contention revolved around the applicability and binding nature of the Circular in light of previous tribunal decisions and Supreme Court rulings. Issue 4: Judicial Precedent and Final Decision The High Court referred to a previous decision in the case of Milcent Appliances Pvt. Ltd., which concluded the classification issue of Domestic Flour Mills. The Court emphasized that the Circular in force at the time of adjudication should be applied, and the revenue authorities are bound by CBEC Circulars even if they conflict with previous court decisions. The Court allowed the petition, quashed the order-in-appeal, and restored the original orders classifying Gharghanti under Heading No. 84.37 of the Tariff. ---
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