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2011 (7) TMI 406 - AT - Central ExciseClassification - shikakai powder - conversion of shikakai pods into shikakai powder - In view of the decision of Apex Court in Sree Ramakrishna Soapnut Works Vs. Supdt. Of Central Excise - (2007 -TMI - 1310 - SUPREME COURT OF INDIA) the case remanded to the adjudicating authority for fresh decision - The appeal is therefore allowed by way of remand.
Issues: Classification of shikakai powder under Chapter Heading 33.05 of the CETA, 1985.
Analysis: The judgment by the Appellate Tribunal CESTAT, CHENNAI, involved the classification of shikakai powder under Chapter Heading 33.05 of the CETA, 1985. The issue was whether the product should be classified as excisable goods liable to duty, as held by the Commissioner (Appeals), or under Chapter Heading 33.05, as contended by the Revenue. The Tribunal referred to a Supreme Court order in Sree Ramakrishna Soapnut Works Vs. Supdt. Of Central Excise, which highlighted that the classification depended on the actual activity undertaken by the assessee. The Supreme Court clarified that the conversion of pods into powder might not always constitute manufacture, but it needed adjudication to determine the emergence of a distinct commodity under Chapter 33.05. The Tribunal noted a judgment by the Hon'ble Karnataka High Court, which held that the conversion of pods into powder involved manufacturing operations, resulting in the emergence of a separate commodity under Chapter 33.05. The Supreme Court's order was limited to a specific period, and it stated that the assessee could not claim refund or reopen assessments for the period before January 1999. Consequently, the Tribunal decided that the impugned order needed to be set aside, and the case should be remanded to the adjudicating authority for a fresh decision in light of the Supreme Court's judgment. Therefore, the appeal was allowed by way of remand, and the cross-objection was disposed of accordingly. In conclusion, the Tribunal's judgment emphasized the need for a detailed adjudication to determine the classification of shikakai powder under Chapter Heading 33.05 of the CETA, 1985, based on the actual activities undertaken by the assessee, as clarified by the Supreme Court and the Karnataka High Court judgments.
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