1986 (1) TMI 325 - AT - Central Excise

Summary

Issues:
Classification of goods under Tariff Item 68 or 23A(4) of the Central Excise Tariff.

Detailed Analysis:

Issue: Classification of goods under Tariff Item 68 or 23A(4) of the Central Excise Tariff

The case involved a dispute regarding the classification of lenses manufactured by the appellant under the Central Excise Tariff. The appellant initially filed classification lists under Tariff Item 68, which was approved by the Superintendent. However, the revenue authorities later contended that the goods should be classified under Tariff Item 23A(4). A show cause notice was issued to the appellant, challenging the classification under Tariff Item 68. The appellant argued that their products were optically worked and designed for specific uses in optical systems, thus falling under Tariff Item 68. They also relied on trade notices to support their classification. The Collector of Central Excise disagreed and classified the goods under Tariff Item 23A(4), leading to the appeal before the Tribunal.

The appellant's representative argued that the lenses manufactured were optically worked and possessed specific photometric properties, making them suitable for classification under Tariff Item 68. They referred to previous orders and trade notices supporting their classification. The appellant contended that the onus was on the Revenue to prove that the goods did not fall under Tariff Item 68, which they failed to do. The Revenue, on the other hand, maintained that the goods were correctly classified under Tariff Item 23A(4) as glass does not cease to be glass when used as a lens.

After considering the arguments and examining the nature of optical glass, the Tribunal observed that optical glass differs from ordinary glass or glassware due to its specific properties like refractive index and angle of refraction. Referring to relevant provisions and previous judgments, the Tribunal held that the lenses in question, being optical glass with distinct properties, should be classified under Tariff Item 68. The Tribunal emphasized that the Revenue failed to discharge the initial onus of proving the incorrect classification under Tariff Item 68. Consequently, the Tribunal quashed the lower authority's order and allowed the appeal in favor of the appellant.

In conclusion, the Tribunal's decision clarified the classification of the appellant's lenses under the Central Excise Tariff, emphasizing the distinction between optical glass and ordinary glassware. The judgment highlighted the importance of specific properties and characteristics in determining the correct classification of goods under the Tariff, ultimately ruling in favor of the appellant's classification under Tariff Item 68.