J.K. SYNTHETICS LTD. Vs. C.C.E.

JUDGEMENT

(1.) THE appellant M/s J.K. Synthetics Ltd. claimed central excise classification for flanged bobbins manufactured by them under Tariff Heading 3326.90. This was approved and they cleared the said bobbins on payment of duty.

(2.) SUBSEQUENTLY , show cause notice dated 19.9.90 was issued proposing to change the approved classification to heading 7616.90 and recover short -levy amount of over Rs. 3 lakhs. The appellant resisted the proposed change of classification by contending that the correct classification is as originally approved under heading 3326.90. In adjudication, the Assistant Collector confirmed the changed classification and the demand.

(3.) AGGRIEVED by the order of the Tribunal, Revenue filed an appeal before the Hon'ble Supreme Court. By that time, Section 11A of the Central Excise Act had been amended by the Finance Act, 2000, permitting the reopening of assessments made in terms of approved classification also. In view of the changed law, the Hon'ble Supreme Court allowed the appeal of the revenue vide judgment dated 15th December 2005 and remanded the case to the Tribunal for passing a fresh order on merits. This is how the matter is before us again.