2005 (4) TMI 241 - AT - Central Excise

Imported 'Dant Mukta' classified as tooth powder under Central Excise Tariff Act

The Tribunal classified the imported product 'Dant Mukta' as tooth powder under the Central Excise Tariff Act, allowing it to benefit from exemption under ... Tooth powder - 'Dant Mukta' - Classification of Issues: Classification of imported product 'Dant Mukta' under Central Excise Tariff Act and availability of exemption under specific notifications.Classification Issue:The primary issue in this case revolved around the classification of the product 'Dant Mukta' imported from Nepal under the Central Excise Tariff Act. The appellants claimed the product should be classified under sub-heading 3306.10, while the Department contended it should be classified under sub-heading 3306.90. The learned Advocate argued that the product resembled tooth powder and should be classified as such under Rule 2(a) of the Rules of Interpretation for the Schedule. The Advocate referenced past decisions and Ministry clarifications supporting their stance. On the other hand, the S.D.R. argued that the product was a raw material for tooth powder and should be classified under sub-heading 3306.90. The S.D.R. further emphasized that the benefit of the exemption notification could not be extended to the product as it was not tooth powder itself but a raw material for tooth powder.Exemption Issue:The availability of exemption under Notification No. 6/2003-C.E. dated 1-3-2003 was also a crucial issue in this case. The learned Advocate contended that since the product was classified as tooth powder, it should benefit from the notification exempting tooth powder. They referenced previous decisions and interpretations to support their argument. Conversely, the S.D.R. argued that as the product was a raw material for tooth powder, the exemption under the notification could not be extended to it. The S.D.R. relied on a Supreme Court decision to bolster their position regarding the scope of the notification.Judgment Analysis:The Tribunal considered the arguments from both sides and examined past decisions related to the classification of similar products. The Tribunal noted that the product 'Dant Mukta' had characteristics akin to tooth powder and should be classified under sub-heading 3306.10 based on Rule 2(a) of the Interpretative Rules. The Tribunal held that the benefit of the exemption notification should be extended to the product since it was classified as tooth powder. The Tribunal also addressed procedural issues raised by the appellants regarding the classification process and the denial of benefits under the notification. Ultimately, the Tribunal allowed all the appeals, concluding that the product should be classified as tooth powder and should benefit from the exemption notification.In conclusion, the judgment resolved the classification issue by determining that 'Dant Mukta' should be classified as tooth powder under the Central Excise Tariff Act, leading to the availability of exemption benefits under the specific notification. The detailed analysis considered past decisions, interpretative rules, and the essential characteristics of the product to reach a conclusive decision in favor of the appellants.