2003 (11) TMI 81 - SC - Central Excise

Duty exemption - benefit of Notification 120/84 - Classification under Heading 3811.00 or under Heading 2710 - Held that - When the matter was considered by the Commissioner, the demand raised in the show cause notice was confirmed for a period of six months from the date preceding issue of notice in respect of two items but not in respect of coolant. In fact, he accepted the case of the appellant that declaration regarding coolant was a procedural lapse inasmuch as its value was included in the declaration without specifically mentioning the product. When there is no wilful suppression, the Commissioner should have confirmed demand with respect to coolant also for a period of six months from the date preceding the show cause notice. The order of Commissioner as affirmed by the Tribunal is modified to this extent - Decided partly in favour of assessee.

Summary

Issues involved: Classification of products under Central Excise Tariff, applicability of Notification 120/84, wilful suppression in declaration

Classification of products under Central Excise Tariff:
The judgment revolves around the classification of two products, engine treatment, and gear and differential treatment oils, under the Central Excise Tariff. The Commissioner determined that these products are additives and not lubricating oils by themselves, classifying them under Heading 3811.00. The Tribunal concurred, noting that the products are added to mineral lubricating oil and are not petroleum oils under Heading 2710. The view taken by the authorities was based on the manufacturing process and nature of the products, leading to no interference in the classification.

Applicability of Notification 120/84:
The appellant claimed the benefit of Notification 120/84 for the two products in question. However, it was observed that these products do not impart better lubrication on their own but act as additives. As a result, they were not eligible for the benefits under the notification. The judgment emphasized that the products are not capable of being used as lubricating oils independently, reinforcing the decision to classify them under Heading 3811.00.

Wilful suppression in declaration:
Regarding the demand raised in the show cause notice, the Commissioner confirmed the demand for two items but not for coolant. It was acknowledged that the declaration regarding coolant was a procedural lapse, and its value was included without specific mention. The judgment highlighted that in the absence of wilful suppression, the demand for coolant should have been confirmed for a period of six months preceding the notice. Consequently, the order of the Commissioner was modified to include the demand for coolant, while dismissing the appeal with this sole modification.

This comprehensive analysis of the judgment delves into the issues of product classification under the Central Excise Tariff, the applicability of Notification 120/84, and the treatment of wilful suppression in the declaration process. The decision provides clarity on the nature of the products in question, their eligibility for specific benefits, and the importance of accurate declarations in excise matters.