2011 (4) TMI 850 - AT - Central Excise

Classification of Preventol NP - whether a fungicide under Chapter Heading 38.08.10 or under Chapter Heading 38.08.90 as preservative - Held that - The product is used as a chemical agent to effectively protect against attack of micro organisms like fungi, bacteria and moulds and since Preventol MP is generally used prior to attack by micro organisms, it can be classified as protective fungicide - All functions such as preventing, destroying, repelling or mitigating the cause for deterioration of leather by micro organisms namely fungus/bacteria serve the purpose of fungicide - department has not been able to dislodge the finding of the authorities below that the product is fungicide classifiable under Chapter Heading 38.08.10 - Decided in favour of assessee.

Summary

Issues: Classification of the product "Preventol NP" - fungicide or preservative under Chapter Heading 38.08.10 or 38.08.90.

Analysis:
The appellate tribunal, consisting of Hon'ble Ms. JYOTI BALASUNDARAM, Vice-President, and Hon'ble Dr. CHITTARANJAN SATAPATHY, Technical Member, addressed the issue of classification of the product "Preventol NP" in the present appeal. The main contention was whether the product should be classified as a fungicide under Chapter Heading 38.08.10, as claimed by the assessees and upheld by the lower authorities, or as a preservative under Chapter Heading 38.08.90, as claimed by the Revenue.

After hearing both sides, the tribunal noted that the adjudicating authority had accepted the assessee's classification based on various factors. These factors included the HSN Explanatory Notes on fungicides, a test report from the Chemical Examiner, and an explanation provided by the CLRI, Chennai. The Commissioner (Appeals) also supported the findings, and the department failed to challenge the conclusion that the product should be classified as a fungicide under Chapter Heading 38.08.10.

The tribunal further elaborated that "Preventol NP" functions as a chemical agent to protect against microorganisms like fungi, bacteria, and molds. Since the product is used before the attack by microorganisms, it can be classified as a protective fungicide. The tribunal emphasized that all actions such as preventing, destroying, repelling, or mitigating the causes of deterioration of leather by microorganisms serve the purpose of a fungicide.

Based on the evidence and reasoning presented, the tribunal found no justification to interfere with the lower authorities' decision. Therefore, the tribunal upheld the impugned order and dismissed the appeal. The judgment was dictated and pronounced in open court, settling the classification issue of the product "Preventol NP" as a fungicide under Chapter Heading 38.08.10.