2006 (2) TMI 490 - AT - Central Excise

Summary

Issues:
Classification of goods under sub-heading 1901.19 or 2108.91 of the Central Excise Tariff Act.

Analysis:
The case involves a dispute regarding the classification of a product known as "ice cream mix" under the Central Excise Tariff Act. The lower authorities demanded duty from the appellants for the period January 2000 to October 2004, classifying the goods under sub-heading 1901.19. However, the appellants argued for classification under sub-heading 2108.91, which led to the disagreement.

Upon reviewing the case and considering past decisions, the Tribunal noted conflicting classifications by different benches. In the case of Connaught Plaza Restaurant (P) Ltd. v. CCE, New Delhi, the soft serve mix was classified under Heading 21.08 (sub-heading 2108.91), while in Amrit Foods Co. Ltd. v. CCE, Meerut, it was classified under sub-heading 1901.19. The Tribunal also referenced the case of Kwality Ice Cream Co. v. CCE, New Delhi, where ice cream mix was classified under sub-heading 1901.19. Additionally, a circular by the CBEC clarified the classification of ice cream powder/mix under Heading 21.08, further adding to the complexity of the issue.

Given the contentious nature of the classification and pending appeals before the Apex Court, the Tribunal directed the appellants to predeposit 50% of the duty amount within 4 weeks. Compliance with this directive would result in a waiver of predeposit and a stay on the recovery of the penalty amount, balance of duty, and any interest on duty. This decision aimed to address the uncertainty surrounding the classification of the goods in question until a final resolution is reached by the higher court.

In conclusion, the judgment highlights the importance of resolving classification disputes in excise matters and the need for clarity in interpreting relevant legal provisions to ensure consistency and fairness in tax assessments.