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of <h1>High Court quashes excise duty on 'flint paper' citing lack of clarity in classification</h1> <h3>MODERN PAPER INDUSTRIES Versus UNION OF INDIA</h3> MODERN PAPER INDUSTRIES Versus UNION OF INDIA - 1990 (46) E.L.T. 201 (Bom.) Issues:Classification of paper for excise duty under Item No. 17(4) of the Central Excise Tariff based on processing involving printing and polishing.Analysis:The petitioners, a partnership firm engaged in paper printing and processing, challenged the classification of their processed paper for excise duty under Item No. 17(4) of the Central Excise Tariff. The dispute arose when the Assistant Collector of Central Excise deemed the petitioners' processed paper as 'flint paper,' attracting excise duty. The petitioners contended that their process of coloring, printing, and varnishing did not amount to manufacturing 'flint paper' under Item No. 17(4). The appellate authorities upheld the classification without addressing the manufacturing aspect raised by the petitioners. The High Court noted that the burden to establish liability for excise duty rests with the department, requiring a finding that the processing constitutes manufacturing as per the Central Excises and Salt Act. The court emphasized the lack of such a finding in the orders passed by the authorities, leading to the quashing of the excise duty imposition.The High Court highlighted a previous decision where the appellate authority had ruled that processes like printing designs and coloring on duty-paid paper do not amount to manufacturing, contradicting the subsequent classification in the present case. The court criticized the reliance on a Trade Notice to reverse the earlier view without proper justification. Additionally, the court referenced another Trade Notice indicating ambiguity within the Excise authorities regarding the classification of processed paper. The court concluded that the Excise authorities' inconsistent approach and lack of clarity on whether printing and polishing constitute manufacturing led to erroneous excise duty imposition. Consequently, the court set aside the orders passed by the authorities, ruling in favor of the petitioners and quashing the excise duty levy under Item No. 17(4) of the Central Excise Tariff.In conclusion, the High Court's judgment focused on the crucial aspect of determining whether the processing activities undertaken by the petitioners amounted to manufacturing 'flint paper' under Item No. 17(4) for excise duty purposes. The court emphasized the department's burden to establish such liability and criticized the authorities' lack of clarity and inconsistent application of Trade Notices in the classification process. Ultimately, the court ruled in favor of the petitioners, setting aside the excise duty imposition and highlighting the necessity for a clear and consistent approach in excise duty classification based on manufacturing criteria.
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