2010 (7) TMI 1001 - AT - Central Excise

Summary

Issues involved: Classification of excisable goods under Chapter Heading 3303.10 and 3306.10 of CETA 1985, duty liability, interest, and penalty under Rule 27 of the Central Excise Rule, 2002.

Summary:
1. The appeals were heard together as they involved a common question of law and facts. The appellants were subjected to duty liability, interest, and penalty under the orders passed by the adjudicating authority.

2. The appellants, engaged in the manufacture of excisable goods, were alleged to have wrongly classified the product 'HYDENT-K,' leading to evasion of excise duty. The department claimed the product was classifiable under Chapter sub heading 3306.10, while the appellants argued for sub heading 3003.10.

3. The appellant's advocate argued that the product should not be classified as cosmetic solely based on label design and highlighted that the product, a medicated toothpaste, was prescribed by medical practitioners and sold through chemist shops. The authorities allegedly ignored the medicinal/therapeutic values of the product.

4. The Departmental Representative referred to HSN notes, stating that products under heading 3003 are medicaments not put up for retail sale, while those under heading 3306 include preparations for oral hygiene like toothpaste. The product in question was deemed to fall under the latter heading.

5. The DR acknowledged that the orders did not address the difference between the two headings. A prima facie case for granting a stay of the impugned order and waiving the demanded amount was found. The application for stay was allowed until the appeal's disposal.