2015 (5) TMI 58 - AT - Central Excise

Tribunal rules in favor of FS Chemicals on product classification dispute. Criteria for accurate classification emphasized.

M/s. FS Chemicals Pvt Ltd Versus Commissioner of Central Excise, Lucknow, Commissioner of Central Excise, Lucknow Versus M/s. FS Chemicals Pvt Ltd

The Tribunal ruled in favor of M/s FS Chemicals (P) Ltd., determining that the product in question could not be classified as 'other motor spirit' under ... Classification of goods - Whether the goods, in question, are classifiable as 'composite organic solvent, not elsewhere specified' covered by heading 3814 of the Central Excise Tariff, or whether the same are classifiable as motor spirit underheading 27101119 - Held that:- Chemical examiner's report while mentioning the flash point as below 25°C is totally silent about the other factor as to whether the product either by itself or in admixture with other substance is suitable for use as a fuel in spark ignition engines. Therefore, in our view, in view of inconclusive chemical report the product, in question, cannot be classified under heading 27101119. - for classifying a product as motor spirit both the criteria regarding flash point being below 25°C and suitability for use, either by itself or in admixture with other substance as fuel in spark ignition engine, must be satisfied by actual test. In view of this, we hold that while the order in original dated 31.08.2009 passed by the Commissioner is not sustainable, there is no infirmity in the orders - Decided in favour of assessee. Issues:Classification of goods under Central Excise Tariff - Whether goods classified as 'organic composite solvent' under heading 3814 or as 'other motor spirit' under sub-heading 27101119.Analysis:The case involved a dispute regarding the classification of a product manufactured by M/s FS Chemicals (P) Ltd. The Assessee considered the product as 'organic composite solvent' under heading 3814, while the Department classified it as 'other motor spirit' under sub-heading 27101119, attracting additional duties. The Commissioner's order imposed duty demands, interest, and penalties on the Assessee, which led to appeals and cross objections.The main contention was whether the product met the criteria to be classified as 'motor spirit' under heading 27101119. The definition of 'motor spirit' required the product to have a flash point below 25^0C and be suitable for use as fuel in spark ignition engines. The chemical examiner's report mentioned the flash point but was silent on the suitability for use as fuel. The Assessee argued that without evidence of suitability, the product could not be classified as motor spirit, citing precedents where actual tests were required to establish suitability.The Tribunal analyzed the legal requirements for classifying a product as motor spirit. It emphasized the necessity of satisfying both criteria - flash point below 25^0C and suitability for use as fuel in spark ignition engines. Relying on previous judgments, including Kuchchal Chemicals Ltd. vs CCE Lucknow, the Tribunal held that without conclusive evidence of suitability, the product could not be classified as motor spirit. It noted that the chemical examiner's report was inconclusive, leading to the rejection of the Commissioner's classification under heading 27101119.Ultimately, the Tribunal allowed the Assessee's appeals related to the original order, dismissing the Revenue's appeals and cross objections. The decision was based on the lack of sufficient evidence to classify the product as 'other motor spirit,' affirming the Commissioner (Appeals) orders. The judgment highlighted the importance of meeting all criteria for classification under the Central Excise Tariff, ensuring accurate and lawful categorization of goods.