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1984 (11) TMI 197 - AT - Central Excise

Issues:
Classification of product under Item 17(2) of CET, applicability of Notification No. 184/76 for exemption, time-bar for demand, assessment under Item 22A or Item 68.

Classification under Item 17(2) of CET:
The dispute revolved around the classification of the product manufactured by M/s. East India Industries under Item 17(2) of the Central Excise Tariff (CET). The Assistant Collector classified the product under Item 17(2) and demanded differential duty. The Appellate Collector upheld this classification, ruling out Item 22A and Item 68. The counsel for the appellant argued that the product could be assessed under Item 22A or Item 68, or if under Item 17(2), then the benefit of Notification No. 184/76 should apply.

Applicability of Notification No. 184/76 for exemption:
The central issue was the applicability of Notification No. 184/76 for exemption claimed by the appellant. The notification exempted "bitumenised waterproof paper and paper board obtained by bonding a layer of paper or paper board and another layer of paper or paper board with bitumen." The appellant contended that their product met this criterion. However, the Tribunal found that the product did not align with the notification's requirements as it involved bonding two layers of paper to a sheet of hessian with bitumen, rather than bonding paper to paper with bitumen.

Time-bar for demand and Assessment under Item 22A or Item 68:
The counsel for the appellant argued that the demand was time-barred as it was issued beyond the stipulated period. Additionally, they contended that if not assessed under Item 17(2), the product could potentially fall under Item 22A or Item 68. However, the department maintained that the product should be classified under Item 17(2) as it consists of "paper and paper board all sorts," and does not qualify for Item 22A due to the lack of predominance of jute.

Judicial Precedents and Interpretation:
Both parties relied on various judicial precedents to support their arguments. The appellant cited cases emphasizing the use of specified raw materials for exemption eligibility, while the department highlighted judgments emphasizing adherence to clear statutory language for interpretation. The Tribunal ultimately held that the product did not meet the criteria for exemption under Notification No. 184/76 and dismissed the appeal.

Conclusion:
The Tribunal ruled in favor of the department, upholding the classification of the product under Item 17(2) of CET and denying the applicability of Notification No. 184/76 for exemption. The demand for duty was limited to the six months preceding the demand issuance based on the time-bar rule. The judgment highlighted the importance of statutory compliance and clear interpretation in tax matters, ultimately leading to the dismissal of the appeal.

 

 

 

 

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