1991 (10) TMI 126 - AT - Central Excise

Product 'Pozzolime' classification dispute resolved in favor of appellants under Central Excises and Salt Act

NAGESWARA POZZOLANA WORKS PVT. LTD. Versus COLLECTOR OF C. EX.

NAGESWARA POZZOLANA WORKS PVT. LTD. Versus COLLECTOR OF C. EX. - 1992 (58) E.L.T. 321 (Tribunal) Issues Involved:1. Classification of the product 'Pozzolime' under the Central Excises and Salt Act, 1944.2. Validity of the demand for duty and alleged violations of Central Excise Rules, 1944.3. Applicability of trade understanding and ISI specifications in classification.4. Retrospective classification and limitation period for duty demand.Detailed Analysis:1. Classification of the product 'Pozzolime' under the Central Excises and Salt Act, 1944:The appellants challenged the classification of their product 'Pozzolime' under TI 23(1) instead of TI 68 of the First Schedule of the Central Excises and Salt Act, 1944. They contended that 'Pozzolime' is a mixture of lime and pozzolana, manufactured according to ISI specification IS 4098-1983, and not a variety of cement. The product was classified by the Superintendent of Central Excise under TI 68, granting them exemption due to clearances below Rs. 30 lakhs. However, the Assistant Collector reclassified it under TI 23(1), considering it a variety of cement based on its composition and end-use.The Tribunal emphasized that classification should be based on trade understanding and ISI specifications, rather than dictionary meanings. The ISI specification for lime pozzolana mixture (IS 4098-1983) described the product as an alternative to cement, not a category of cement. The Tribunal noted that cement contains compounds of calcium oxide with silica, alumina, and iron oxide, which 'Pozzolime' does not. The product's characteristics and properties were found to be distinct from cement, confirming its classification under TI 68.2. Validity of the demand for duty and alleged violations of Central Excise Rules, 1944:The Assistant Collector issued a show cause notice demanding duty of Rs. 2,82,264.40 for the period 1-4-1985 to 30-9-1985, alleging violations of Rules 174, 52A, 226, 173B, 173C, 173F, and 173G of the Central Excise Rules, 1944. The appellants denied these allegations, arguing that they had complied with all procedural requirements and had not engaged in any misdeclaration or suppression of facts. The Tribunal found that the appellants had filed monthly returns and provided all necessary information, and there was no evidence of clandestine removal or misdeclaration. Consequently, the demand for duty was deemed invalid.3. Applicability of trade understanding and ISI specifications in classification:The Tribunal underscored the importance of trade understanding and ISI specifications in determining the classification of products. The ISI specification for lime pozzolana mixture (IS 4098-1983) and various technical definitions highlighted that 'Pozzolime' is not considered a variety of cement in trade or technical parlance. The Tribunal rejected the reliance on dictionary meanings and emphasized that the product's classification should align with its commercial and technical understanding.4. Retrospective classification and limitation period for duty demand:The appellants argued that the retrospective reclassification of 'Pozzolime' was improper and that the demand for duty was time-barred. The Tribunal agreed, noting that the Department had previously classified the product under TI 68 and communicated this to the appellants. The reclassification and subsequent duty demand were found to be unjustified, as there was no evidence of misdeclaration or suppression of facts by the appellants.Conclusion:The Tribunal concluded that 'Pozzolime' should be classified under TI 68 of the First Schedule of the Central Excises and Salt Act, 1944, based on trade understanding and ISI specifications. The demand for duty and allegations of rule violations were deemed invalid. The appeal by the appellants was allowed, and the cross-appeal by the Revenue was rejected.