2006 (3) TMI 388 - AT - Central Excise

Summary

Issues:
Classification of products manufactured by the appellant and confirmation of demand against them.

Analysis:
The dispute in the present stay petition revolves around the classification of products manufactured by the appellant and the consequent confirmation of demand against them. The appellants produce Bakery Improvers, Cake Improvers, Helios Liquid Emulsifiers, and Cake-N-Soft. They have classified the Emulsifiers case and soft product under Chapter 15 and Bread Improver under Chapter 19. However, the Revenue contends that these products should be classified under heading 2108.99 as "other branded edible preparation not elsewhere specified or included."

The appellant argues that Chapter 21 is a residuary entry and since the products are specifically specified against Heading 1508.90, which covers inedible mixtures or preparations of fats and oils, their products should not be classified under Chapter 21. They assert that their products are not directly edible but are used as "baker's wares." The appellant cites the Bombay High Court decision in the case of Kaira Dist. Co-Op. Milk Producers' Union Ltd v. Union of India [1989 (41) E.L.T. 186 (Bom.)] to support their argument. They also refer to the HSN Explanatory Notes and Chapter Notes of Chapter 15, highlighting that Chapter 21 mainly covers dairy products. Additionally, the appellant mentions an order passed by the Dy. Commissioner in the case of another assessee who classified similar products under Chapter Headings 15 and 19.

Upon reviewing the impugned order and hearing the ld. SDR, it is observed that the appellant's claim of classifying their products under Chapters 15 and 19 appears to be prima facie valid based on the HSN Notes, Ministry's explanation, and the Dy. Commissioner's order in a similar case. Consequently, the Tribunal finds that the appellant has established a prima facie good case in their favor, leading to the decision to allow the stay petition unconditionally. Due to the substantial amount of demand involved, the appeal is scheduled for final disposal on 17-4-2006.