2002 (1) TMI 104 - AT - Central Excise

Tribunal affirms duty on ice-cream pack, rejects exemption claim under Central Excise Act

The Tribunal upheld the duty assessment on a 4 ltrs. pack of ice-cream, ruling it subject to duty under Section 4A of the Central Excise Act. The ... Ice-cream (4 litres bulk pack) Issues:The issue involves the assessment of duty on a 4 ltrs. pack of ice-cream u/s Section 4 or Section 4A of the Central Excise Act, 1944, and the applicability of Packaged Commodity Rules, 1977.Assessment of Duty:The appellant, engaged in ice-cream manufacturing, contested the duty assessment on the 4 ltrs. pack, arguing it is not intended for retail sale and thus exempt from MRP labeling. However, authorities rejected these contentions. The appellant's reliance on Rule 34 of the P. C. Rules for exemption was also dismissed as the pack was not exclusively meant for industry use.Interpretation of Rules:The appellant argued that the 4 ltrs. pack, marked 'especially packed for catering industry - not for retail sale,' falls outside Section 4A. They cited legal precedents to support their stance that the manufacturer's intent for retail sale determines applicability. However, the Tribunal disagreed, stating the pack is produced for group consumption, meeting the definition of a 'retail package.'Exemption under Rule 34:Rule 34 exempts packages marked for exclusive industry use. The appellant claimed exemption based on the catering industry marking, but the Tribunal found no evidence supporting this claim. The pack's use in the catering industry was not proven, leading to the dismissal of the exemption plea.In conclusion, the Tribunal upheld the original order, dismissing the appeal based on the findings and interpretations of the Central Excise Act and Packaged Commodity Rules.