2005 (4) TMI 404 - AT - Central Excise

Summary

Issues:
- Correct Central Excise classification of "Crude Gum" arising during the processing of "Crude Soya Oil" for producing refined soya oil.

Analysis:
1. The main issue in this judgment revolves around the classification of "Crude Gum" in the context of Central Excise. The Appeals of the Revenue concern the correct classification of this product, which is a by-product of the processing of "Crude Soya Oil" for the production of refined soya oil.

2. The Tribunal examined the flow chart of "Soyabean Processing" presented during the hearing to understand the classification dispute. The flow chart outlined the various stages involved in the processing of soybeans to produce different products, including "Crude Gum."

3. The competing tariff headings were Heading 15.07 claimed by the Revenue and Heading 23.01 claimed by the party. Heading 23.01 pertains to residues and waste from food industries, while Heading 15.07 covers vegetable waxes and residues resulting from the treatment of fatty substances.

4. The Tribunal referred to the Explanatory Notes of HSN related to Heading 23.04, which includes residues remaining after oil extraction from soybeans. It was noted that these residues are valuable animal foods, which is not the case for "Crude Gum." The Tribunal concluded that "Crude Gum" does not meet the criteria for classification under Heading 23.01.

5. Turning to Heading 15.07, which covers residues resulting from the treatment of fatty substances, the Tribunal found that "Crude Gum" fits within this category as it emerges during the purification of oils and is used in soap manufacturing. This aligns with the conditions specified under Heading 15.07.

6. The Tribunal also addressed the classification of "soya soap" under Heading 15.07, concluding that both "soya soap" and "soya gum" are classifiable under this heading and not under Heading 23.01. Consequently, the Appeals of the Revenue were allowed, overturning the previous classification under Heading 23.01.

7. In summary, the judgment clarifies the correct classification of "Crude Gum" and related products under the Central Excise tariff headings, emphasizing the distinction between residues from oil extraction and substances resulting from the treatment of fatty substances for accurate classification and duty determination.