2007 (3) TMI 14 - SC - Central Excise

Classification Namkeens - Held that - roasted peanut falls under Chapter 20 and not under Chapter 21. Moongfali masala mazedar is the mixture of material other than the nuts. It is an oil preparation. It makes use of gram flour (besan). It undergoes the process of deep frying. When such a process is applied one cannot apply the principle of predominance. The only difference between aloo bhujia and moongfali masala mazedar is that in the former case the namkeen is essentially made of aloo whereas in the later case it is a namkeen essentially made from a pulse (dal). Pulse can be chana malka masoor moong urad etc. All these products are only known as namkeens in the market. In the circumstances we are of the view that moongfali masala mazedar falls under Chapter 21. It falls under Heading 21.01 sub-heading 2108.99 and therefore the assessee is entitled to exemption. Whether price is cum-duty price i.e. inclusive of duty or not - Whether the price charged by him to his customers contains profit element or duty element will have to be examined. As stated above this examination is warranted because in the present case one cannot go by general implication that the wholesale price would always mean cum-duty price particularly when the assessee had cleared the goods during the relevant years on the basis of the above exemption notification dated 1-3-1997 Matter is remitted back for recomputation of duty.

Summary

Issues:
1. Classification of 'roasted peanuts' and 'moongfali masala mazedar' under the Schedule to the Central Excise Tariff Act.
2. Applicability of exemption notification No. 4/97-C.E. dated 1-3-1997 to the items in question.
3. Determination of cum-duty price for excise duty computation.

Analysis:
Issue 1: The Department argued that 'roasted peanuts' and 'moongfali masala mazedar' should be classified under Heading 20.01 in Chapter 20 as preparations of vegetables, fruit, nuts, and other edible parts of plants. The Department contended that the essential character of the items remained intact even after processing. The Supreme Court agreed with the Tribunal's view that 'roasted peanuts' should indeed be classified under Chapter 20, as the essential structure of the peanut is not changed by roasting, and the process is not excluded in Chapter 20. The Explanatory notes of HSN also supported this classification.

Issue 2: The appellant argued that 'roasted peanuts' should fall under Chapter 21 as miscellaneous edible preparations, relying on Heading 21.08. However, the Court disagreed, stating that 'roasted peanuts' are not commonly known as namkeen and do not match the characteristics of items under Heading 21.08. The Court upheld the classification of 'roasted peanuts' under Chapter 20, not Chapter 21, denying the appellant's claim for exemption.

Issue 3: In a related appeal, the Department sought recomputation of duty based on the cum-duty price for 'roasted peanuts,' as the appellant had cleared the goods assuming exemption under Chapter 21. The Department argued that the duty should be recalculated based on the normal price inclusive of duty. The Court referenced previous judgments to establish that the wholesale price does not always equate to the cum-duty price. The Court remitted the matter to the adjudicating authority to determine the value and recomputed duty based on the specific circumstances of the case, emphasizing the need to differentiate between profit and duty elements in the price charged.

In conclusion, the Supreme Court partially allowed the appeals, upheld the classification of 'roasted peanuts' under Chapter 20, denied the exemption claim, and remitted the matter for recomputation of duty based on the specific principles outlined in the judgment.