2004 (10) TMI 191 - AT - Central Excise

Summary

Issues:
1. Determination of whether the process carried out by the appellants amounts to the manufacture of excisable goods.
2. Classification of guar gum under the Central Excise Tariff Act (CETA).

Analysis:

Issue 1:
The case involved determining whether the process conducted by the appellants, involving the manufacture of guar dal powder, qualifies as the manufacture of excisable goods. The process included blending guar dal powder with additives like sawdust and TKP, followed by packing the mixture in bags. The Managing Director confirmed the use of power-operated blenders and other equipment in the process. The appellants produced different grades of guar gum for various industries, testing the product's quality before sale. The Tribunal concluded that the process transformed guar dal into guar gum, thereby constituting manufacture. The decision relied on the effect of the operation on the commodity, following precedents like Empire Industries v. U.O.I. and CCE, Bombay v. S.D. Fine Chemicals Pvt. Ltd.

Issue 2:
The second issue revolved around the classification of guar gum under the CETA, specifically under Chapter 11 or Chapter 13. The Revenue proposed classification under Chapter 13 as gum, while the appellants argued for Chapter 11 as a product of the milling industry. The Tribunal examined the entries under both chapters and considered previous rulings, such as Dilip Gum Industries v. CCE, Rajkot. The appellants contended that guar gum, derived from milling guar dal, should not be classified under Chapter 13, which covers gums from vegetable saps and extracts. The Tribunal disagreed with the previous decision in Dilip Gum Industries, asserting that guar gum powder falls under Chapter 11 as a product of the milling industry, attracting a nil rate of duty. Consequently, the demand, confiscation, and penalty in the impugned order were set aside based on this classification.

In conclusion, the Tribunal held that the process conducted by the appellants amounted to manufacture, and classified guar gum under Chapter 11. This decision led to the dismissal of the demands and penalties imposed in the initial order.