2003 (12) TMI 541 - AT - Central Excise

Summary

Issues: Classification of product under Chapter Heading 2710.13 for duty waiver

Classification Issue:
The case involves an application for waiver of pre-deposit of duty amounting to Rs. 64,55,997 arising from the Commissioner (Appeals) accepting the Revenue's appeal, classifying the product in dispute as "Other special boiling point spirits (other than Benzene, Benzol, Toluene and Toluol) under Chapter Heading 2710.13 of the Tariff."

Analysis:
The Tribunal considered the classification criteria for a product to be deemed as motor spirit, emphasizing the need to satisfy two tests: (i) the flash point of the hydrocarbon oil should be less than 25^0C, and (ii) it should be suitable for use as fuel in spark ignition engines. While the first test was acknowledged as met, the adjudicating authority found that the product did not meet the suitability requirement for use as fuel in spark ignition engines. The Commissioner (Appeals) did not explicitly determine the product's suitability but relied on its classification under Chapter Heading 2710.13 post a specific date, which the applicants contested, maintaining a classification under protest. Consequently, the Tribunal concluded that a strong prima facie case existed for the waiver of pre-deposit, leading to the grant of such waiver and the stay of recovery pending the appeal.

This detailed analysis delves into the nuances of the classification issue, highlighting the specific tests and findings considered by the Tribunal in determining the eligibility for duty waiver based on the product's classification under Chapter Heading 2710.13.