1998 (10) TMI 204 - AT - Central Excise

Summary

Issues:
1. Classification of goods as Flats or Rectangular bars.

Analysis:
The only issue in this appeal was whether the goods cleared by the appellants were Flats or Rectangular bars. The appellants argued that despite describing the goods as 'Flats' in the Declaration and Classification Lists, the actual dimensions provided in their GP 1s indicated that the products were 'Rectangular bars'. They had filed a refund claim based on these dimensions, which was rejected by the Department and lower authorities. The appellants cited a precedent where a refund claim was allowed even without being claimed in the Classification Lists.

The Department contended that the appellants had declared the products as 'Flats' themselves, indicating their awareness of the nature, thickness, and width of the goods. The Department argued that since the goods were cleared as per the approved Classification List, the appellants could not later claim a mistake in their Declaration or Classification Lists to seek a refund of the duty paid.

The Tribunal considered the submissions and noted that the appellants had initially described the goods as 'Flats' in their Declaration and Classification Lists, paying duty accordingly. However, upon realizing that the goods were actually Rectangular bars, they sought a refund, supported by the dimensions provided in their GP 1s. The Tribunal found that the authorities should have relied on the specifications and descriptions in the GP 1s rather than the Declaration or Classification Lists. Since the GP 1s provide a more accurate representation of the goods at the time of production and clearance, the Tribunal held in favor of the appellants.

In conclusion, the Tribunal allowed the appeal, granting the appellants the consequential reliefs sought. However, any refund granted would be subject to the law of unjust enrichment, ensuring that the appellants were not unjustly enriched by the refund.