1998 (4) TMI 227 - AT - Central Excise

CEGAT Madras: Sugar solution product classification under Heading 1702, time limitation under Section 11A

KAYPEE INDUSTRIES Versus COMMISSIONER OF CENTRAL EXCISE, BANGALORE

KAYPEE INDUSTRIES Versus COMMISSIONER OF CENTRAL EXCISE, BANGALORE - 1998 (102) E.L.T. 226 (Tribunal) Issues:1. Classification of the product as excisable under Central Excise Tariff Act.2. Application of time limitation under Section 11A of the Act.Classification Issue:The appeal concerned the classification of a product termed as 'sugar solution' manufactured by dissolving sugar in water and heating it without using power. The key question was whether this product falls under Heading 1701 as 'sugar' or under Heading 1702 as 'other sugars.' The appellant argued that the product should be classified under Heading 1701 due to its high sucrose content, citing relevant legal provisions and a Supreme Court decision. On the other hand, the respondent contended that the product, being in liquid form, should be classified under Heading 1702. The Tribunal analyzed the Central Excise Tariff Act provisions, including Note 2 to Chapter 17, and concluded that the product was rightly classified under Heading 1702 as 'other sugars' since it was liquid, marketable, and lacked added flavoring or coloring. The Tribunal rejected the appeal based on this classification analysis.Time Limitation Issue:The second issue revolved around the application of the time limitation under Section 11A of the Act. The appellant argued that the demand was time-barred as it exceeded six months, and there was no evidence of information suppression. However, the respondent contended that the extended period applied because the appellant had not disclosed the manufacturing activity to the department. The Tribunal examined the facts and determined that the extended period under Section 11A was indeed applicable as the appellant failed to demonstrate any genuine doubt regarding the excisability of the product. Consequently, the demand was not time-barred, and the penalty imposed was deemed reasonable considering the circumstances. Ultimately, the Tribunal upheld the original order and rejected the appeal based on the time limitation issue analysis.In conclusion, the Appellate Tribunal CEGAT, Madras, in this judgment, addressed the classification of a 'sugar solution' product and the application of time limitation under Section 11A of the Act. The Tribunal ruled that the product fell under Heading 1702 as 'other sugars' due to its liquid form and marketability, rejecting the appellant's arguments based on legal provisions and previous court decisions. Additionally, the Tribunal found the extended period applicable for the demand, as the appellant had not disclosed the manufacturing activity to the department, leading to the rejection of the appeal and upholding of the original order.