1984 (3) TMI 386 - AT - Central Excise

Summary

Issues: Classification of products as products of the printing industry for exemption under Notification 55/75-C.E.

In this case, the primary issue revolves around the classification of products manufactured by the appellants as products of the printing industry for the purpose of exemption under Notification 55/75-C.E. The appellants argue that their printed cartons should be considered products of the printing industry, while the department contends that the cartons are not eligible for exemption as products of the printing industry.

Detailed Analysis:

The appellants assert that their printed cartons, manufactured on specific orders and tailored to customer specifications, should be classified as products of the printing industry. They rely on Notification 55/75-C.E., which includes "all products of the printing industry" for exemption. The appellants argue that their manufacturing process primarily involves printing activities, supported by substantial investments in printing equipment and machinery. They emphasize that the end-use of the products should not be the sole criterion for classification.

On the other hand, the department argues that a review of a previous Government of India order, as cited in a separate case, concluded that only products where printing is the culminating process for obtaining the end-product can be considered products of the printing industry. The department contends that the printed cartons do not meet this criterion and, therefore, should not be eligible for exemption under the notification. They stress that the cost factor is irrelevant in determining the classification.

The Tribunal carefully considers the arguments presented by both parties. It notes that while printing is a significant activity for the appellants, the end product, i.e., cartons for packaging, aligns more with the packaging industry than the printing industry. The Tribunal emphasizes that the exemption notification is intended for products directly attributable to printing activities. It highlights that even newspapers and periodicals, mentioned in the notification, involve ancillary operations beyond printing. The Tribunal concludes that the product in question, i.e., printed cartons, does not fall within the scope of products of the printing industry as intended by the notification.

Ultimately, the Tribunal dismisses the appeal, affirming that the products manufactured by the appellants are rightly classified as not related to the printing industry. The decision underscores the distinction between products of the printing industry and those of the packaging industry, emphasizing that a printed carton is fundamentally a product of the packaging industry, despite involving printing processes.