2005 (1) TMI 276 - AT - Customs

Summary

Issues:
1. Interpretation of Notification No. 17/2001 for exemption on imported bulk drugs used in manufacturing medicines.
2. Applicability of Circular No. 45/2000 in denying exemption for Intravenous Amino Acids containing carbohydrates and electrolytes.
3. Validity of Commissioner (Appeals) decision in favor of the assessee.
4. Challenge by Revenue against the Commissioner (Appeals) decision.

Analysis:
1. The case involved the interpretation of Notification No. 17/2001 regarding the exemption on imported bulk drugs used in the manufacturing of medicines, specifically focusing on "Intravenous Amino Acids" listed under Sl. No. 97 of the Notification. The dispute arose as the manufactured Intravenous Amino Acids contained Glucose or Sorbitol from the imported bulk drugs. The Commissioner (Appeals) noted that the imported bulk drugs were used for manufacturing Intravenous Amino Acids, making the assessee eligible for exemption under the Notification.

2. The denial of exemption by the lower authority was based on Circular No. 45/2000, which decided not to extend the benefit of exemption to Intravenous Amino Acids containing carbohydrates and electrolytes. However, the Commissioner (Appeals) found the appellant's plea valid, stating that the Circular did not apply to them as the imported goods were bulk drugs for manufacturing, not the final Intravenous Amino Acids. The presence of Sorbitol in the end product was deemed irrelevant for determining the eligibility for exemption under the specific wording of the Notification.

3. The Commissioner (Appeals) decision in favor of the assessee was challenged by the Revenue in the present appeal. The Appellate Tribunal noted that the imported bulk drugs were indeed for use in manufacturing Intravenous Amino Acids, and there was no evidence that the final medicines were anything other than Intravenous Amino Acids. The presence of additional substances like Sorbitol or Glucose did not change the classification of the manufactured drugs. Consequently, the Tribunal upheld the Commissioner (Appeals) decision, rejecting the Revenue's appeal.

4. After hearing both sides and examining the records, the Tribunal concluded that the exemption was correctly availed by the assessee as the imported bulk drugs were used for manufacturing Intravenous Amino Acids. The Tribunal found no merit in the Revenue's contention that the exemption had been wrongly granted. Therefore, the appeal filed by the Revenue was rejected, affirming the decision in favor of the assessee.