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TMI Blog1989 (10) TMI 198X X X X Extracts X X X X X X X X Extracts X X X X ..... the Central Excise Tariff Act, 1985, as claimed by the appellants or under Heading No. 4408.90 as held by the lower authorities. In opting for the latter classification, the Collector (Appeals) has relied on the explanatory notes appearing under Heading No. 44.12 (according to the Collector this heading corresponded to Heading No. 44.08 of the Indian Tariff Schedule) of the H.S.N. (Harmonised System of Nomenclature) of the Customs Co-operation Council (C.C.C.N.). 3. We have heard Shri S.K. Bagaria, Counsel for the appellants and Shri L.C. Chakravorty, JDR, for the respondent-Collector 4. The two competing headings are reproduced below:- 44.10 Articles of wood not elsewhere specified 4410.10 - Flush Doors 4410. 90 - Other" "44.08 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tution. This method has been viewed with approval by the Supreme Court - See Collector of Central Excise v. Krishna Carbon Paper Co. - 1988 (37) E.L.T 480 and Union of India v. Delhi Cloth and General Mills Co. Ltd. -1977 (1) E.L.T. (J 199). 6. The appellants have submitted certain certificate from dealers in plywood and other wood products to evidence the commercial understanding of the term "Block Board" - annexures C1 to C5 to the memo of appeal. But, as rightly pointed out by the learned DR, it is not evident from the record that these documents had been placed before the Collector (Appeals). Nor have any steps been taken by the appellants to seek leave of the Tribunal to have these documents admitted as additional evidence. When these ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s made up of layers of wood and adhesive in which the grains of adjacent layers are parallel, block board has a core made up of strips of wood (each not exceeding 25 mm in width). The strips, as may be seen from the accompanying diagram in the I.S. are not laid out in layers. They are laid separately and joined together by glue or otherwise to form a slab. This slab is placed between two or more outer veneers with the direction of the grain of the core blocks running at right angles to that of the adjacent outer veneers. Thus, the two types of wood differ from each other in material respects. Nor is block board similar to "plywood" which, according to the same I.S. is a "A board formed of three or more layers of veneer cemented or glued tog ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ard, in which the core is thick and composed of blocks, laths or battens of wood glued together and surfaced with the outer plies. Panels of this kind are very rigid and strong and can be used without framing or backing." The Department therefore, contends that block board is covered by the phrase "similar laminated woods" in Heading No. 44.08. Though the submission looks attractive, it has to be remembered that the entries in the Central Excise Tariff Schedule have to be interpreted in the light of the words employed therein, read with the relevant statutory chapter notes and section notes, if any, and the rules of interpretation if they have to be invoked in the given facts and circumstances." 12. We have already extracted the meanings o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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