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of <h1>Tribunal grants partial exemption for IV Fluids, upholds duty on certain items, allows Cenvat credit</h1> <h3>PREM PHARMACEUTICALS Versus COMMISSIONER OF CENTRAL EXCISE, INDORE</h3> PREM PHARMACEUTICALS Versus COMMISSIONER OF CENTRAL EXCISE, INDORE - 2004 (172) E.L.T. 273 (Tri. - Del.) Issues Involved:1. Exemption claim under Notification No. 6/2000 as amended by Notification No. 36/2000 for IV Fluids.2. Interpretation of the term 'Intravenous Fluids' under the relevant notifications.3. Entitlement to Cenvat credit on inputs used in the manufacture of goods.4. Imposition of penalty under Section 11AC and Rule 173Q.5. Demand of interest under Section 11AB.Issue-wise Detailed Analysis:1. Exemption Claim under Notification No. 6/2000:The primary issue was whether the appellants' IV Fluids were eligible for exemption under Notification No. 6/2000, as amended by Notification No. 36/2000. The appellants had filed classification declarations under Rule 173B claiming this exemption. The Central Excise Department initially accepted the exemption but later issued show cause notices demanding duty, penalties, and interest, arguing that the scope of IV Fluids for exemption was limited to those used for sugar, electrolyte, or fluid replenishment. The Commissioner of Central Excise rejected the appellants' contentions and confirmed the duty demands.2. Interpretation of 'Intravenous Fluids':The Tribunal considered whether the term 'Intravenous Fluids' in Notification No. 6/2000 included IV Fluids with added substances. The Commissioner had relied on Notification No. 3/2001, which specified that only IV Fluids used for sugar, electrolyte, or fluid replenishment were exempt, and argued that this definition should apply retroactively to Notification No. 6/2000. The Tribunal disagreed, citing previous decisions that Notification No. 3/2001 was an independent notification and not an amendment or clarification of Notification No. 6/2000. The Tribunal also referenced technical literature to support the view that IV Fluids could include those with added substances and still qualify for exemption.3. Entitlement to Cenvat Credit:The Tribunal noted that there was no proposal in the show cause notice to deny Cenvat credit. It clarified that the appellants were entitled to Cenvat credit on inputs used in the manufacture of goods deemed dutiable. The Tribunal also affirmed the applicability of the decision in CCE Delhi v. Maruti Udyog Ltd. regarding cum duty prices.4. Imposition of Penalty:The Tribunal found that the imposition of penalties under Section 11AC and Rule 173Q was not justified. It held that there was no suppression or misstatement of facts by the appellants, and the dispute was purely about the interpretation of the relevant notifications. Consequently, no penalties could be imposed.5. Demand of Interest:The Tribunal ruled that the demand for interest under Section 11AB was not maintainable given the circumstances of the case.Conclusion:The Tribunal partially allowed the appeals, holding that the appellants were entitled to exemption for IV Fluids under the relevant notifications, except for certain items that did not meet the definition of IV Fluids. The duty demands for these items were upheld. The Tribunal also confirmed the appellants' entitlement to Cenvat credit and ruled against the imposition of penalties and interest. The duty liability was to be recomputed based on the Tribunal's findings.
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