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2006 (12) TMI 161 - AAR - Central ExciseWhether the Proposed Product i.e. Indian Mouth Freshener to be manufactured will be classified as Pan Masala under CETSH 2106.9020? Whether all the duties discharged under Rule 8 of the Central Excise Rules 2002 such as Basic Excise Duty BED Special Excise Duty SED National Calamity Contingent Duty NCCD Additional Duty of Excise on Pan Masala AED (Pan Masala) and Education Cess on the aggregate of duties discharged through Account Current PLA after mandatory utilization of available Cenvat credit under the Cenvat Credit Rules 2002 at the end of the month are eligible for exemption and refund as envisaged in Notification 56/2002-C.E. dated 14-11-02 as amended?
Issues Involved:
1. Classification of Indian Mouth Freshener as "Pan Masala" under CETSH 2106.9020. 2. Eligibility for exemption and refund of various duties under Notification 56/2002-C.E. dated 14-11-2002. Issue-wise Detailed Analysis: Issue 1: Classification of Indian Mouth Freshener as "Pan Masala" under CETSH 2106.9020 The applicant, a joint venture between a non-resident and an Indian company, sought clarification on whether their proposed product, Indian Mouth Freshener, would be classified as "Pan Masala" under CETSH 2106.9020. The main ingredients include fennel seeds, sugar-coated fennel seeds, coriander seeds, scented shredded betel nuts, cardamom, sugar crystals, lime, dry dates, food-grade flavors, saffron or essences of saffron, and menthol. The Commissioner of Customs & Central Excise, Jammu, commented that as per the supplementary note No. 1 of Chapter 21 of the Central Excise Tariff Act, 1985, "Pan Masala" is defined as any preparation containing betel-nuts and any one or more ingredients like lime and katha but not tobacco. Since the product contains betel-nuts and other ingredients but not tobacco, it qualifies as "Pan Masala" under Chapter Heading No. 2106.90 20 of the Tariff Act. The Authority agreed with this classification, stating that the product satisfies the definition of Pan Masala and is correctly classifiable under Tariff Item 2106 90 20. Issue 2: Eligibility for exemption and refund of various duties under Notification 56/2002-C.E. dated 14-11-2002 The applicant sought clarification on whether duties discharged under Rule 8 of the Central Excise Rules, 2002, such as Basic Excise Duty (BED), National Calamity Contingent Duty (NCCD), Additional Duty of Excise on Pan Masala (AED), and Education Cess (EC) are eligible for exemption and refund as per Notification 56/2002-C.E. The Commissioner conceded the exemption for BED but contested the exemption for NCCD, AED, and EC. The Authority examined the notification, which exempts goods specified in the First and Second Schedule to the Tariff Act from so much of the duty of excise or additional duty of excise as is equivalent to the amount of duty paid by the manufacturer, excluding the amount paid by utilization of Cenvat credit. The Authority noted that NCCD, AED, and EC are levied under different Finance Acts and not under the Central Excise Act or the Additional Duties of Excise (Goods of Special Importance) Act. Therefore, these duties cannot be construed as 'duty of excise' under the CE Act and are not covered by the exemption notification. The Authority also considered various Supreme Court rulings on the interpretation of exemption notifications, emphasizing that such notifications must be strictly construed. The principle that a provision in a taxing statute granting incentives should be construed liberally to promote industrial activity does not extend to reading other statutes' provisions into the exemption notification. The Authority concluded that the duties in dispute (NCCD, AED, and EC) are not eligible for exemption and refund under Notification 56/2002-C.E. The claim for exemption of BED was conceded, but the remaining duties are not exempted. Conclusion: Question 1: The proposed product, Indian Mouth Freshener, is classifiable as "Pan Masala" under CETSH 2106.9020. Question 2: The Basic Excise Duty (BED) is eligible for exemption under the notification. However, the National Calamity Contingent Duty (NCCD), Additional Duty of Excise on Pan Masala (AED), and Education Cess (EC) are not eligible for exemption and refund as envisaged in Notification 56/2002-C.E. dated 14-11-2002.
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