2003 (10) TMI 135 - AT - Central Excise

Summary

Issues:
1. Applicability of exemption Notification to cups manufactured by M/s. Gujarat Cup Company.

Analysis:
In this appeal, the issue at hand is whether the benefit of exemption Notification is applicable to the cups manufactured by M/s. Gujarat Cup Company. The Appellants claimed concessional rate of duty under Notification No. 20/94-C.E. for manufacturing printed and unprinted paper cups for holding ice-cream. The Asstt. Commissioner disallowed the benefit of the Notification, leading to a series of show cause notices. The Commissioner (Appeals) also rejected their appeal. The Appellants argued that no compression was involved in making the ice-cream cups, making them eligible for the Notification. They contended that the duty value was incorrect as it included Excise duty, and no penalty should be imposed as the issue arose from a classification list or declaration.

Counterarguments presented by Shri Vikas Kumar, learned SDR, emphasized that the exclusion clause of the Notification applies to products consisting of paper impregnated with plastics compressed together. The Commissioner (Appeals) found that the ice-cream cups were formed using a process involving pressure and adhesives, meeting the conditions of the exclusion clause.

Upon considering both sides, it was determined that the impugned product falls under the exclusion clause of the Notification, rendering the benefit of the exemption unavailable. However, it was acknowledged that no penalty should be imposed as the issue was related to interpreting the Notification provisions. The price was deemed a cum-duty price, and the assessable value was to be determined by giving abatement of Central Excise duty as per the decision in the Srichakra Tyres case. The matter was remanded to the Adjudicating Authority for re-computing the duty payable by the Appellants in line with the Srichakra Tyres case. Consequently, the appeal was disposed of accordingly.