DEEPAK GUPTA, ANIRUDDHA BOSE
COMMISSIONER OF CENTRAL EXCISE, DELHI-III – Appellant
Versus
UNI PRODUCTS INDIA LTD. – Respondent
JUDGMENT
Aniruddha Bose, J.
These two appeals against the decision of the Customs Excise & Service Tax Appellate Tribunal (CESTAT) rendered on 16th July, 2008 require adjudication on the question as to whether "car matting" would come within Chapter 57 of the First Schedule to the Central Excise Tariff Act, 1985 under the heading "Carpets and Other Textile Floor Coverings" or they would be classified under Chapter 87 thereof, which relates to "Vehicles other than Railway or Tramway Rolling-Stock and Parts and Accessories Thereof". The appeals are against a common decision and we shall also deal with both these appeals together in this judgment. The respondent-assessee want their goods to be placed under Chapter heading 5703.90. We shall refer to the specific entries against this item later in the judgment. The respondent, at the material point of time were engaged in the business of manufacture of textile floor coverings and car matting. The subject-goods have been referred to interchangeably by the revenue also as car mattings and car carpets. The respondent, at the material tim
CCE vs. Wood Craft Products Ltd. [(1995) 3 SCC 454] – Referred [Para 6]
Collector of Central Excise vs. Bakelite Hylam [1997 (91) E.L.T. 13 (S.C.)] – Referred [Para 6]
Collector of Customs vs. Business Forms Ltd. [(2005) 7 SCC 143] – Referred [Para 6]
Holostick India Ltd. vs. Commissioner of Central Excise [(2015) 7 SCC 401] – Referred [Para 6]
Collector of Central Excise vs. Swaraj Mazda [(1993) 68 ELT 258] – Distinguished [Para 19]
Jyoti Carpet Industries vs. Commissioner of Central Excise
Plasmac Machine Manufacturing Co. Pvt. Ltd. Vs. Collector of Central Excise, Bombay
Dabur India Ltd. vs. Commissioner of Central Excise
A.P. State Electricity Board vs. Collector of Central Excise
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