1992 (3) TMI 170 - AT - Central Excise

Tribunal remands case for reevaluation of duty calculation and classification of goods

VERONICA PHARMACEUTICALS Versus COLLECTOR OF CENTRAL EXCISE

The Tribunal allowed the appeal by remanding the case back to the Collector for fresh adjudication. The goods were classified as Patent & Proprietary ... Classification Issues:1. Classification of Neomycin Sulphate Capsules as Patent & Proprietary Medicine under Central Excise Tariff.2. Consideration of distinctive marks on labels for classification.3. Failure to consider submissions regarding duty payment on clearances.4. Exclusion of clearances made to Sales Office against Gate Passes from duty calculation.5. Application of multiple exemption notifications.6. Lack of indication of duty calculation basis.Analysis:1. The primary issue in this case is the classification of Neomycin Sulphate Capsules under the Central Excise Tariff. The appellants argued that the symbol on the labels did not meet the criteria for Patent & Proprietary Medicine under Item 14E. However, the Tribunal observed that the symbol, along with colored rectangles, constituted a distinctive mark indicating a connection between the medicine and the manufacturer. Thus, the goods were classified as Patent & Proprietary Medicine.2. The Tribunal considered previous decisions regarding distinctive marks on labels. The appellants referenced cases where distinctive marks were required to attract the relevant tariff item. The Tribunal noted that the symbol and design on the appellants' labels met the criteria for a distinctive mark, distinguishing the medicine from others. Consequently, the classification as Patent & Proprietary Medicine was upheld.3. The appellants raised concerns about duty payment on clearances, arguing that goods supplied by another firm were either duty-exempt or had appropriate duty paid. The adjudicating authority did not adequately address these submissions, leading to a lack of consideration in the final order. The Tribunal emphasized the need for a thorough examination of such claims before reaching a decision.4. Another issue raised was the exclusion of clearances made to the Sales Office against Gate Passes from duty calculation. This aspect was not properly considered by the adjudicating authority, highlighting a failure to address all relevant submissions before issuing the order.5. The appellants also asserted eligibility for exemptions under multiple notifications, namely Notification 45/82-C.E. and Notification 85/85-C.E. However, the Collector did not adequately consider this aspect in the original order, necessitating a reevaluation of the applicability of these exemptions.6. Lastly, the appellants contended that the basis of duty calculation was not clearly indicated, hindering their ability to respond to the allegations effectively. The Tribunal directed the Collector to provide a calculation worksheet to the appellants for representation before issuing a final order, emphasizing the importance of transparency in duty calculations.In conclusion, the Tribunal allowed the appeal by remanding the case back to the Collector for fresh adjudication, considering all pleas raised by the appellants and ensuring a comprehensive review of the duty calculation basis and exemption eligibility.