2008 (4) TMI 251 - AT - Central Excise

Medicaments - Pharmaceutical products falling under Heading 30.03 duty paid on goods cleared for home consumption but duty not paid on goods cleared for export under bond - common inputs in dutiable as well as exempted goods demand of 8 % value u/r 57CC on exported goods as these are exempted goods in view of nomenclature of exported medicaments, impugned goods are classifiable u/sh 3003.10 attracting appropriate duty demand u/r 57CC is not sustainable because all goods are dutiable

Summary

Issues involved:
Interpretation of Rule 57CC(1) of Central Excise Rules, 1944 regarding payment of duty on exempted final products manufactured using common inputs.

Detailed Analysis:

Issue 1: Interpretation of Rule 57CC(1) of Central Excise Rules, 1944
The case involved a dispute regarding the applicability of Rule 57CC(1) of the Central Excise Rules, 1944 to a pharmaceutical company engaged in manufacturing products under Heading 30.03 of the First Schedule to the Central Excise Tariff Act. The dispute arose from the clearance of products for export without payment of duty, leading to a demand by the Department under Rule 57CC(1). The original authority granted relief to the company, holding that the goods cleared for export were similar to products cleared for home consumption and not subject to Rule 57CC. However, the Commissioner (Appeals) allowed the Revenue's appeal, leading to the company's further appeal.

Issue 2: Classification of exported medicaments
The Tribunal analyzed the classification of the medicaments exported by the company under Chapter Note 2(ii) to Chapter 30 of the Central Excise Tariff Act. The note defined "Patent or Proprietary medicaments" and outlined criteria for classification, including bearing a name not specified in recognized publications or carrying a brand name under the Trade and Merchandise Marks Act, 1958. The company argued that the exported medicaments qualified as "P or P medicaments" under the Chapter Note, thus subject to duty under Heading 3003.10 and not exempt under Rule 57CC. The Tribunal found merit in the company's argument, noting that the lower appellate authority had erred in its decision, and upheld the original authority's view.

Conclusion:
The Tribunal set aside the impugned orders and allowed the company's appeals, ruling in favor of the company regarding the interpretation of Rule 57CC(1) and the classification of the exported medicaments. The decision clarified the applicability of duty on the exported products and emphasized the correct classification under the Central Excise Tariff Act.