2015 (10) TMI 1046 - SC - Central Excise

Supreme Court affirms classification of beverages as fruit preparations under Tariff Heading 20.01, rejecting alternative classification.

The Supreme Court upheld the classification of beverages as fruit preparations under Tariff Heading 20.01, rejecting the contention that they should be ... Classification of the beverages manufactured by the appellant known as Apple Tree Top, Mango Tree Top, Guava Tree Top and Orange Tree Top - Held that:- there is no distinction between fruit juice and the fruit juice beverages - products in question manufactured by the appellant are “fruit preparation” within the meaning of Tariff Heading 20.01 - We have not been shown anything by the learned counsel for the Revenue to arrive at the conclusion that what has been stated above is erroneous. - Decided against Revenue. Issues:Classification of beverages under Tariff Heading 20.01 or 22.02.Analysis:The Supreme Court addressed the issue of the classification of beverages manufactured by the appellant, namely Apple Tree Top, Mango Tree Top, Guava Tree Top, and Orange Tree Top. The appellant contended that the products fell within Tariff Heading 20.01 of the Central Excise Tariff Act as a preparation of fruit, while the respondent authorities argued that the appropriate heading was 22.02, covering non-alcoholic beverages excluding fruit and vegetable juices. The Tribunal initially upheld the classification as per the respondent's contention, stating that the beverages in question were not fruit juices. However, the Court found that the Tribunal's decision was based on a misunderstanding of the appellant's case. The appellant's claim was that the products were fruit preparations under Tariff Heading 20.01, not fruit juices. The Court set aside the Tribunal's order, remanding the matter back for the sole purpose of determining this issue after hearing both parties and considering evidence in accordance with the law. All issues raised in the appeals were left open for the Tribunal's decision, and the appeals were disposed of without costs.Post remand, the Tribunal examined the entries under Tariff Heading 20.01 and 22.02. The Tribunal acknowledged that the product in question was a preparation of fruit, a fact undisputed by the department's representative. The dispute centered on whether the product, despite being a fruit preparation, could be excluded from Heading No. 22.02 as fruit or vegetable juice. The Tribunal noted that Chapter 20 of the Tariff specifically included preparations of vegetables, fruits, nuts, or other plant parts, while Chapter 22 encompassed a broader range of beverages. The Tribunal interpreted Chapter Heading 22.02 to exclude beverages covered under fruit or vegetable juice of Heading 20.01. It emphasized that the Tariff lacked criteria to differentiate products based on concentration, stating that diluted fruit juice would still be considered a fruit preparation. Consequently, the Tribunal concluded that the products in question were indeed 'fruit preparation' under Tariff Heading 20.01.The Supreme Court, upon reviewing the Tribunal's decision, found no grounds to dispute the conclusion that the products were fruit preparations under Tariff Heading 20.01. Consequently, the Court approved the Tribunal's reasoning and dismissed the appeals brought before it.