2009 (8) TMI 917 - AT - Customs

Summary

Issues:
Demand of Export Cess under the Spices Cess Act, 1986 read with the Customs Act for the period 2003-06; Classification of Menthol Crystals as "Mint" leading to the demand of Cess; Application seeking waiver of pre-deposit and stay of recovery of adjudged dues.

Analysis:
The judgment by the Appellate Tribunal CESTAT Mumbai pertains to a case where the Commissioner of Customs demanded over Rs. 1.65 crores from the appellants towards Export Cess under the Spices Cess Act, 1986 for the period 2003-06, along with interest under the Customs Act. The Commissioner classified Menthol Crystals as "Mint" based on views expressed by the Spices Board and the Ministry of Commerce, leading to the demand of Cess on the goods. The appellants sought waiver of pre-deposit and stay of recovery concerning the adjudged dues.

The Tribunal considered arguments presented by both parties. The appellants contended that "Mint" is a spice classified under Chapter 9 of the Customs Tariff Schedule and not under Chapter 29, where the Menthol Crystals were classified. They highlighted that the Spices Cess Act had been repealed, and there was no current levy on Menthol Crystals. Conversely, the JDR argued that Menthol Crystals could be considered within the ambit of "Mint" based on literature retrieved from the internet, supporting the Commissioner's decision.

After careful consideration, the Tribunal noted that during the dispute period, there was a levy of Cess on "Mint." The term "Mint" was examined based on the Shorter Oxford English Dictionary, which defined it broadly to include plants like peppermint and products derived from them. Since Menthol Crystals were manufactured from peppermint, they could be considered as "Mint." The Tribunal emphasized the common parlance test for classification and noted the opinions of the Spices Board and the Ministry of Commerce, which considered the product as "Mint."

Ultimately, the Tribunal found that the appellants did not establish a prima facie case against the demand of Cess on Menthol Crystals under the Spices Cess Act, 1986. The Tribunal directed the appellant to pre-deposit a specified amount under the Customs Act within a set timeframe, emphasizing that the return of the Bank Guarantee did not absolve the party's liability. The absence of financial hardships was also noted in the judgment.