2005 (1) TMI 188 - AT - Central Excise

Summary

Issues: Classification of Corn Gluten Meal under Heading 23.01 or 35.04 of the Central Excise Tariff.

Analysis:
In this appeal, the main issue is the classification of Corn Gluten Meal under the Central Excise Tariff. The Deputy Commissioner and the Commissioner (Appeals) classified the product under heading 23.01, which pertains to residue and waste from food industries. On the other hand, the Revenue claimed it should be classified under heading 35.04, which includes peptones and protein substances. The manufacturing process involves various steps like cleaning maize, grinding, separating components like fibre, gluten, and starch, and drying the final products. The impugned product, known as gluten meal, is used for cattle feed and poultry feed, as confirmed by certificates from major customers. The Adjudicating Authority noted that the product does not undergo the enzymation process like peptones covered under heading 35.04. The Commissioner (Appeals) rejected the Revenue's appeal, stating that the presence of protein does not exclude it from Chapter 23. The Revenue argued that the product, containing over 60% protein, should be classified as a protein concentrate. However, the lower authorities did not support this argument, and the Revenue failed to provide evidence that the product is not residue or waste from food industries. Consequently, the appeal by the Revenue was dismissed.

This detailed analysis of the judgment highlights the key points considered in the classification of Corn Gluten Meal under the Central Excise Tariff. The decision was based on the manufacturing process, usage of the product, absence of specific enzymation processes, and the lack of evidence to support the Revenue's claim. The judgment emphasizes the importance of proper classification under the tariff headings and the significance of factual and legal arguments in such cases.