2008 (9) TMI 820 - AT - Central Excise

Summary

Issues involved: Classification of goods under different tariff headings, allegation of suppression of facts by the respondent.

Classification of goods: The appeal involved a dispute over the classification of Round Mesh Mosquito Netting Cotton Fabrics manufactured by the respondent. The Revenue contended that the goods should be classified under CH 5804.11, while the respondent had classified them under CH 5804.90. The Tribunal acknowledged that fabrics are classifiable under 5804.11 due to changes in the tariff from 16-3-95.

Allegation of suppression: The Revenue alleged that the respondent suppressed facts by not specifically mentioning that the goods were 100% cotton fabrics. However, the Tribunal found that the respondent had correctly described the fabric but misclassified it under CH 5804.90 instead of 5804.11. The Tribunal held that as long as the description was correct, misclassification did not amount to suppression of facts. Therefore, the Commissioner (Appeals) was right in concluding that there was no suppression, and the extended period for payment of demand was not available to the Revenue.

Conclusion: The Tribunal rejected the appeals filed by the Revenue, upholding the decision of the Commissioner (Appeals) that there was no suppression of facts by the respondent. The correct description of the goods by the respondent, despite the misclassification, was deemed sufficient, and the Revenue's claim for an extended payment period was denied.