1994 (3) TMI 207 - AT - Central Excise

Summary

Issues:
Classification of printing frames under Tariff Heading 84.42 or 59.09; Maintainability of applications filed by Revenue under Section 35F; Applicability of Central Government's Notification No. 39/90-C.E. (N.T.); Admissibility of new classification cases at the appellate stage.

Classification of Printing Frames:
The case involved the classification of printing frames under Tariff Heading 84.42 or 59.09. The Revenue issued show cause notices to respondents demanding duty on printing frames under Chapter Heading 84.42, alleging that the frames were used captively in their factories. The Assistant Collector dropped the duty demands based on a Central Government notification. The Revenue filed applications under Section 35F, seeking classification under Chapter 59.09, which was rejected by lower appellate authorities. The Collector contended that the frames should be classified under Chapter 59.09 as textile articles, not under Chapter 84.42. The Collector argued that the frames were flat bed screens suitable for industrial use and should be classified as textile products. However, the lower appellate authority found that the frames were rightly classifiable under Chapter Heading 84.42 as printing frames, as they were converted into printing frames using photo-sensitive chemicals. The Tribunal agreed with the lower authority's findings, stating that the frames ceased to be textile articles after the chemical application, aligning with Heading 84.42.

Maintainability of Applications under Section 35F:
The Revenue's applications under Section 35F were deemed not maintainable by lower appellate authorities as they introduced new classification cases at the appellate stage, beyond what was in the original show cause notices. The Tribunal upheld this decision, emphasizing that new cases cannot be made at the appellate level beyond the scope of the original notices. Therefore, the applications were rightly dismissed on this ground.

Applicability of Central Government's Notification:
The Central Government's Notification No. 39/90-C.E. (N.T.) directed that no duty on printing frames under Tariff Heading 84.42 be recovered during a specific period. This notification played a crucial role in the case, as it influenced the dropping of duty demands by the Assistant Collector. However, the Tribunal's decision on the classification rendered the notification inapplicable to the frames, which were classified under Heading 84.42.

Admissibility of New Classification Cases at Appellate Stage:
The Tribunal highlighted that the Revenue cannot introduce new classification cases at the appellate stage that were not part of the original show cause notices. This principle was crucial in determining the maintainability of the Revenue's applications under Section 35F. The lower appellate authorities rightly rejected these new cases, and the Tribunal upheld this decision, emphasizing the importance of adhering to the scope of original notices during appellate proceedings.

In conclusion, the Tribunal dismissed the Revenue's appeals, affirming the classification of printing frames under Tariff Heading 84.42 based on their conversion into printing frames using photo-sensitive chemicals. The Tribunal also upheld the rejection of the Revenue's applications under Section 35F due to the introduction of new classification cases at the appellate stage. The Central Government's notification was found inapplicable to the frames classified under Heading 84.42. The judgment underscores the significance of maintaining the original scope of show cause notices during appellate proceedings.