1998 (10) TMI 232 - AT - Central Excise

Summary

Issues: Classification of rubberised self-adhesive tape of cotton cloth under Tariff Headings 59.09, 59.06, and 59.05.

The judgment involves a dispute regarding the classification of rubberised self-adhesive tape of cotton cloth under different Tariff Headings. Initially, the assessee claimed classification under Tariff sub-heading 5901.10, but the Assistant Collector held that the goods were correctly classifiable under Tariff Heading 59.09. The order-in-original dated 9-4-1987 remained unchallenged. Subsequently, a new classification list was filed by the assessee under Tariff Heading 59.09, which was challenged by the Collector seeking revision to Heading 59.06. The Collector (Appeals) considered the HSN notes and found that the correct classification should be under Heading 59.05, as claimed by the assessee earlier.

The Collector (Appeals) rejected the Revenue's contention for Heading 59.06, as it did not align with the factual position that the textile fabrics made by the assessee contained rubber, making them rubberised textile fabrics. The Revenue relied on HSN Explanatory Notes under Heading 59.06, which actually corresponded to Tariff Heading 59.05. The judgment clarified that the correct classification should be under Tariff Heading 59.05, dismissing the Revenue's appeal and allowing the assessee's appeal with consequential relief after setting aside the impugned order. The judgment emphasized that there is no concept of 'res judicata' in fiscal matters, highlighting the importance of accurate classification based on factual and legal considerations.

In conclusion, the appellate tribunal held that the rubberised self-adhesive tape of cotton cloth should be classified under Tariff Heading 59.05, rejecting the Revenue's reliance on Heading 59.06 and affirming the assessee's original claim made in 1986. The judgment underscores the significance of factual accuracy in classification disputes and the need to align with both the Central Excise Tariff Act and relevant international standards like the HSN.