Issues involved: Classification of "Halls Ice Mint tablets" under Central Excise Tariff headings 3003.30, 3003.19, and 17.04.
In this case, the appellant classified the tablets as "Ayurvedic medicines" under Heading 3003.30, but the Excise authorities contended they should be classified under Heading 3003.19 as "patent or proprietary medicines." The Assistant Collector initially agreed with the Excise authorities, while the Collector of Central Excise (Appeals) sided with the appellant, classifying the tablets as Ayurvedic medicines under Heading 3003.30. However, the Excise authorities, in their appeal to the Tribunal, argued for classification under Heading 17.04 as "confectionery," a stance not previously taken. The Tribunal erred in allowing this new argument and classifying the tablets as confectionery. The Supreme Court held that the correct approach would have been for the Tribunal to dismiss the appeal, allowing the Excise authorities to issue a fresh show cause notice under Heading 17.04, giving the appellant a chance to present evidence to the contrary. The appeal was allowed, the Tribunal's decision was set aside, and the Excise authorities were given the option to issue a new notice for classification under Heading 17.04, subject to legal constraints.
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