1990 (4) TMI 146 - AT - Central Excise

Appellants win appeal on excise duty exemption for Aerated Waters classification dispute

HAJOORI AND SONS Versus COLLECTOR OF C. EX.

The Tribunal ruled in favor of the appellants in an appeal against the Collector of Central Excise, Bombay's orders regarding a refund claim for Aerated ... Dutiability and refund Issues:Appeal against orders of Collector of Central Excise, Bombay regarding a refund claim for Aerated Waters; Claim of exemption of 10% in excise duty for using synthetic essences; Rejection of refund claim as time-barred and inadmissible by Assistant Collector; Disagreement on classification of essences as blended flavouring concentrates; Allegation of non-receipt of test results by appellants; Provisional approval of classification list by Superintendent; Dispute over finalization of classification list; Claim of entitlement to exemption based on previous court judgment; Non-supply of test report by department; Necessity of finalizing classification list based on test report and court judgment.Analysis:The case involved an appeal against the orders of the Collector of Central Excise, Bombay, concerning a refund claim for Aerated Waters by the appellants. The appellants claimed exemption of 10% in excise duty for using synthetic essences instead of blended flavouring concentrates. The Assistant Collector rejected the refund claim as time-barred and inadmissible, leading to subsequent rejections by the Collector (Appeals). The appellants argued that the classification list approved by the Superintendent was provisional, as indicated by correspondence and further enquiry orders. The appellants contended that the initial approval was tentative and subject to revision based on investigation results. They highlighted the non-receipt of test results and the department's failure to provide the same, despite drawing and testing samples. The appellants cited a previous court judgment regarding the distinction between essences and flavouring concentrates to support their claim for exemption. They emphasized the necessity of finalizing the classification list based on the test report and court judgment, challenging the observations of the Assistant Collector and Collector (Appeals) that no further testing was required. The Tribunal ultimately held in favor of the appellants, ruling that they were entitled to the exemption and consequentially, the refund. The Tribunal directed the Asst. Collector to calculate and sanction the refund within one month, acknowledging that the refund claim had not been examined on its merits at the lower stage.This detailed analysis of the judgment showcases the intricacies of the legal arguments presented by the parties and the Tribunal's reasoning in arriving at its decision.