2018 (4) TMI 153 - AT - Central Excise

Enzymes as consumables for scientific instruments upheld by Tribunal. Impugned order set aside.

Sanmar Speciality Chemicals (Presently Known As M/s. Merch Speciality Pvt Ltd) Versus Commissioner of Central Excise, Service Tax and Customs Bangalore-II

The Tribunal held that Enzymes supplied by the appellant to research institutes, supported by certificates, qualified as consumables for scientific and ... Benefit of N/N. 10/97-C.E. dt. 1-3-1997 - Bio-technology products such as Enzymes - Revenue's case is that only items which are used as consumables to various machineries specified in the Notification are only eligible for exemption - whether the Enzymes supplied by the appellants would be eligible for exemption under the category of 'consumables'? Held that: - the Enzymes are used by the research institutes for the purpose of research in the field of DNA or RNA. It is common knowledge that the said Enzymes are used in the scientific instruments installed in the premises of the institutes - the Enzymes which are used in the scientific and technical instruments, would be eligible for the benefit of the exemption of excise duty as per the N/N. 10/97 as they are consumed during the research conducted by such various institutes. It is also seen that the conditions which are laid down by the said notification have been complied with by the appellant. The Enzymes which are cleared by the appellant to the research institutes, on the strength of the certificates issued by such institutes, are to be considered as consumables used in the scientific and technical instruments - appeal allowed - decided in favor of appellant. Issues:Interpretation of Notification No. 10/97-C.E. regarding exemption of duty on Bio-technology products such as Enzymes supplied for research purposes.Analysis:The case involved a dispute regarding the clearance of Enzymes by the appellant to research institutions under the exemption provided by Notification No. 10/97-C.E. The lower authorities issued a show cause notice alleging non-compliance with the notification's provisions. The adjudicating authority ruled in favor of the appellant, but the Commissioner (Appeals) overturned this decision, leading to the appellant's appeal before the Tribunal.The appellant argued that Enzymes were cleared to research institutions with exemption certificates as per the notification's provisions. They contended that the Enzymes were consumables used in research instruments, thus eligible for duty exemption. Reference was made to a Co-ordinate Bench decision to support this argument.On the other hand, the Revenue reiterated the impugned order and highlighted the main condition for duty exemption under the notification, emphasizing the certificates issued by the institutes. The Tribunal examined the technical details of the Enzymes supplied, categorizing them into different types based on their functions in DNA and RNA research.After analyzing the technical literature, the Tribunal concluded that the Enzymes supplied by the appellant were indeed consumables used in scientific and technical instruments for research purposes. Citing previous decisions, the Tribunal held that goods supplied for research purposes under appropriate certificates are covered by the notification, setting aside the demand for duty payment and allowing the appeal.In summary, the Tribunal determined that the Enzymes supplied by the appellant to research institutes, supported by certificates, qualified as consumables for scientific and technical instruments. Consequently, the impugned order was set aside, and the appeal was allowed with any consequential relief.This detailed analysis showcases the interpretation and application of Notification No. 10/97-C.E. in the context of supplying Enzymes for research purposes, emphasizing compliance with the notification's conditions and the technical nature of the products involved.