1990 (10) TMI 74 - SC - Customs

Court rules processed peanuts fall under tariff for groundnut kernel, rejecting restrictive interpretation.

The court upheld the Revenue's position, determining that the processed peanuts exported by the appellants are classified under the tariff entry for ... Whether the goods exported by the appellants are liable to export duty? Held that:- We are not convinced that the goods exported by the assessee have ceased to be groundnuts in the ordinary acceptation of the term or that they have become a different commodity, say, a processed food (indeed, there is no such classification in the tariff entry). No difficulty, anomaly or absurdity arising out of the computation of export duty in terms of tonnes on these goods was brought to the notice of the authorities at any stage. Once it is realised both oil seeds and roasted groundnuts exported by the assessee are capable of being described as `groundnut kernel', which is what the entry talks of, the various circumstances pointed out - that they have different markets, that their end use is different, that one of them has been excepted from the export ban, that their export is done under the auspices of different Export Promotion Councils - all fall into place and reveal no inconsistency with, and have no bearing on, the interpretation to be placed on the entry. Appeal dismissed & the stand of the Revenue has to be upheld Issues Involved:1. Classification of exported goods under the Indian Tariff Act, 1934 and the Customs Tariff Act, 1975.2. Whether the processed peanuts exported by the appellants fall under the tariff entries for 'groundnut kernel' or 'groundnut in shell'.3. The applicability of export duty to the processed peanuts.4. The interpretation of tariff entries in the context of processed versus raw groundnuts.5. The relevance of trade classifications and export procedures in determining tariff applicability.Issue-Wise Detailed Analysis:1. Classification of Exported Goods:The primary issue was whether the goods exported by the appellants-blanched, roasted, and salted peanuts packed in vacuum containers-fall under the tariff entries for 'groundnut kernel' or 'groundnut in shell' under Item 13 of the Second Schedule to the Indian Tariff Act, 1934, and Item 20 of the Second Schedule to the Customs Tariff Act, 1975. The entries read:- Groundnut Kernel: Rs. 810/1500 per tonne- Groundnut in Shell: Rs. 600/1125 per tonne2. Applicability of Export Duty:The appellants contended that their product, being 'processed peanuts,' did not fall under the tariff entries for 'groundnut kernel.' They argued that the term 'groundnut kernel' refers to seeds with the quality of germination, which their processed product lacked. They also argued that the tariff entry should be restricted to groundnut kernels used for oil extraction, and not include the processed peanuts exported by them.3. Interpretation of Tariff Entries:The appellants relied on several points to argue for a restrictive interpretation of the tariff entries:- The Indian Trade Classification (I.T.C.) distinguishes between oil seeds and roasted nuts.- The goods exported by the appellants are more value-added and sold in different units (kilograms) compared to raw groundnuts (sold in tonnes).- The goods are exported through the Processed Foods Export Promotion Council, indicating a different market.- Previous exemptions from agricultural cess and export bans for the processed peanuts.4. Relevance of Trade Classifications and Export Procedures:The appellants pointed to various trade classifications and export procedures to support their argument that their processed peanuts should not be classified under the same tariff entries as raw groundnuts. They referred to classifications under the British Trade Nomenclature (BTN), Indian Import Tariff, and Indian Import Export Policy, which differentiate between oil seeds and roasted nuts.5. Arguments and Findings:The Revenue contended that the expressions 'groundnut kernel' and 'groundnut shell' in the export tariff were broad and inclusive of both edible and oil seed varieties. They argued that the legislature intended no limitations and that the processed peanuts still fell under the category of 'groundnut kernel.' The court agreed with the Revenue, stating that the tariff entry covers all groundnuts, regardless of their processing. The court found no ambiguity in the tariff entry and held that the goods exported by the appellants remained 'groundnut kernel' even after processing.Conclusion:The court upheld the Revenue's stand, concluding that the processed peanuts exported by the appellants fall under the tariff entry for 'groundnut kernel.' The court dismissed the appeals, stating that the various distinctions pointed out by the appellants did not justify a restrictive interpretation of the tariff entry. The decision of the Madras High Court in Kalaivani Fabrics was overruled, and the appeals were dismissed without any order as to costs.