2002 (9) TMI 114 - SC - Central Excise

Whether product manufactured by the appellant will be classified under Tariff Heading 24.04 viz. Manufactured tobacco ? Held that - In their appeal from the decision of the Tribunal before us the appellants have again raised the issue that the Tribunal should have considered the fact that the appellants and Chandulal K. Patel s products were identical and were the outcome of an identical process and that since the latter had been exempted from paying any central excise duty on the ground that their product was classifiable under Tariff Heading 24.04 the appellants should get the same benefit. Since the matter had not been squarely dealt with on facts at any stage by any of the authorities below it was not possible for learned Counsel to give us the reasons for drawing this distinction between the two manufacturers and differently classify what were alleged to be materially the same product. We deem it appropriate to set aside the order of the Tribunal and remand the matter back to the Tribunal for considering whether the product and process followed by M/s. Chandulal K. Patel & Co. is the same as that of the appellants.

Summary

Issues involved:
Classification of chewing tobacco under Tariff Heading 24.04 as "Manufactured tobacco" instead of Tariff Heading 24.01 as "Unmanufactured tobacco".

Detailed Analysis:
The appellants challenged the Tribunal's decision upholding the classification of their product under Tariff Heading 24.04 as "Manufactured tobacco" instead of Tariff Heading 24.01 as "Unmanufactured tobacco". The appellants contended that their chewing tobacco product should be classified similarly to another manufacturer's product, 'Karta Chhap Zarda', which was classified under unmanufactured tobacco. The process and composition of chewing tobacco determine its classification, and the appellants argued that their product was similar to 'Karta Chhap Zarda' in substance and process.

The Excise Authorities did not heed the appellants' request for chemical analysis to compare their product with 'Karta Chhap Zarda'. The Assistant Collector classified the appellants' product under Tariff Heading 24.04 without conducting the requested analysis. The Collector and the Tribunal upheld this decision without considering the similarity between the appellants' product and 'Karta Chhap Zarda'. The Tribunal dismissed the appeal, emphasizing the need for uniformity and leaving the classification to the Central Excise Officers.

The Supreme Court found the Tribunal's reasoning lacking in addressing the appellants' claim of similarity with 'Karta Chhap Zarda'. The Court questioned the distinction made by Revenue Authorities without proper analysis. The Court sought an explanation for the differing treatment of the two manufacturers and decided to remand the matter back to the Tribunal for a detailed examination. The Tribunal was directed to conduct a chemical analysis of the appellants' product, compare it with 'Karta Chhap Zarda', and consider all relevant materials for the classification decision.

In conclusion, the Supreme Court set aside the Tribunal's order and remanded the case for further consideration based on the similarity between the appellants' product and 'Karta Chhap Zarda'. The Court emphasized the importance of proper analysis and uniformity in classification decisions, ensuring justice and equity in excise matters.