2004 (4) TMI 590 - HC - Central Excise

Challenge to discriminatory treatment by Commissionerates in Gujarat, Maharashtra and Tamil Nadu regarding classification of agricultural knapsack sprayer engine under different headings - HELD THAT - It is clear that the other manufacturers, like the petitioners, also are merely making engines which are fitted into the knapsack agriculture sprayers being manufactured by the purchasers from the petitioners and the two other manufacturers and then such sprayers with the engines are sold to farmers for agriculture use. Thus, we are of the view that when the same product is being manufactured by three different companies--M/s. High Power Engineering Company Private Limited, Satara, Maharashtra, M/s. Greaves Limited, Chennai, Tamil Nadu and the petitioner at Valsad, Gujarat, the interest of justice demand that the respondent-authorities are required to give similar treatment to the product being manufactured by the petitioner-Company. Accordingly, the respondents are restrained from recovering excise duty from the petitioner Company on Agricultural Knapsack Sprayer Engine being manufactured by the petitioner-Company otherwise than at the rate at which the Central Excise authorities are recovering excise duty from the manufacturers of the same product in other States. The Court concludes that similar treatment should be given to the product manufactured by the petitioner as to those in Maharashtra and Tamil Nadu. The respondents are restrained from recovering excise duty from the petitioner otherwise than at the rate applied in other States. The Central Board of Excise and Customs is directed to consider giving uniform treatment to manufacturers of the same product nationwide within four months.

Issues involved: Challenge to discriminatory treatment by Commissionerates in Gujarat, Maharashtra, and Tamil Nadu regarding classification of agricultural knapsack sprayer engine under different headings.

Summary:
The petition challenges the discriminatory treatment by Commissionerates in three different States regarding the classification of an agricultural knapsack sprayer engine. While the product is classified under Heading No. 84.24 in Maharashtra and Tamil Nadu, it is classified under Heading No. 84.07 in Gujarat. The petitioner argues that this classification discrepancy puts them at a competitive disadvantage as they are required to pay 16% ad-valorem Excise duty while their competitors do not pay any duty, leading to the closure of their factory.

The petitioner relies on previous court decisions to support their claim that the High Court may interfere when Excise authorities in other States accept interpretations different from the petitioner's classification. On the other hand, the Central Government argues that the Assistant Commissioner's decision on classification is plausible and that the petitioner only manufactures engines falling under Heading No. 84.07, not the sprayers themselves.

The Court had previously directed the Assistant Commissioner to compare the machines manufactured by different companies in different States to determine if discriminatory treatment was being given. It was found that manufacturers in Maharashtra and Tamil Nadu were not required to pay duty on the same product, leading to closure of similar companies in Gujarat due to the inability to compete.

The tariff entries indicate that parts of mechanical appliances for spraying liquids or powders used in agriculture are liable to pay duty at a Nil rate, which includes engines that become parts of such appliances. Certificates from other manufacturers support the claim that engines are fitted into sprayers for agriculture use.

The Court concludes that similar treatment should be given to the product manufactured by the petitioner as to those in Maharashtra and Tamil Nadu. The respondents are restrained from recovering excise duty from the petitioner otherwise than at the rate applied in other States. The Central Board of Excise and Customs is directed to consider giving uniform treatment to manufacturers of the same product nationwide within four months.

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