2008 (7) TMI 224 - AT - Central Excise

Tribunal Upholds Spice Classification, Remands 'Jiralu' for Review

The tribunal upheld the classification of products under Chapter 0903.10 as 'spices,' except for 'Jiralu,' which was remanded for reconsideration. It ... Classification - Products are mixtures of spices along with other ingredients such as ‘asafoedita’, ‘rock salt’, ‘dry mango’ etc. – revenue contend that by addition of these ingredients the essential character of the spices is not retained so they are classifiable under Ch. S.H. 21.03 not under Ch.0903.10 – since 96% of the ingredients of the products in question are spices, contention of revenue cannot be accepted – assessee is justified in classifying the product u/ch 09.03 Issues Involved:1. Classification of products under the Central Excise Tariff Act.2. Essential character of spices.3. Addition of other substances to spices.4. Market understanding and common parlance test.5. Uniformity in classification and taxation.6. Extended period of limitation and misdeclaration.Detailed Analysis of Judgment:1. Classification of Products under the Central Excise Tariff Act:The core issue was whether the products manufactured by the respondent, such as Rasam Powder, Jiraloo, Tea Masala, and various other masalas, were correctly classified under Chapter 0903.10 as 'spices' attracting nil duty, or should be classified under Chapter 21.03 or 21.08 as 'mixed condiments and mixed seasonings' attracting 16% duty. The adjudicating authority initially classified the products under Chapter 0903.10, which was contested by the revenue.2. Essential Character of Spices:The adjudicating authority and the tribunal examined whether the products retained the essential character of spices despite the addition of other ingredients. The tribunal noted that the products in question were mixtures of spices with other ingredients forming only 4% to 5% of the total composition. The tribunal found no evidence from the revenue to suggest that the essential character of the spices was lost due to these additions.3. Addition of Other Substances to Spices:The tribunal referred to Chapter Note 3 of Chapter 9, which allows the addition of other substances to spices provided the resulting mixture retains the essential character of spices. The tribunal emphasized that the products were predominantly spices with minor additions of other ingredients, and thus, retained their essential character as spices.4. Market Understanding and Common Parlance Test:The tribunal considered the common parlance test crucial for classification. The respondent provided evidence, including certificates from reputed consumers and institutions, indicating that the products were known and used in the market as 'masalas'. The revenue failed to provide contrary evidence. The tribunal cited several cases emphasizing the importance of market understanding in classification decisions.5. Uniformity in Classification and Taxation:The tribunal stressed the need for uniformity in classification across different commissionerates. The respondent presented information obtained under the RTI Act showing that identical products manufactured by competitors were classified under Chapter 09 or were considered non-excisable. The tribunal highlighted the importance of consistent classification to avoid discrepancies in taxation.6. Extended Period of Limitation and Misdeclaration:The revenue argued for the invocation of the extended period of limitation due to alleged misdeclaration by the respondent. However, the tribunal found that the respondent had been filing declarations and discharging duty during the interregnum period. The tribunal did not find sufficient evidence of misdeclaration to justify the extended period of limitation.Conclusion:The tribunal upheld the adjudicating authority's order classifying the products under Chapter 0903.10, except for 'Jiralu', which was remanded for reconsideration. The tribunal emphasized the importance of market understanding, essential character of spices, and uniformity in classification. The appeals were disposed of accordingly.