1987 (12) TMI 189 - AT - Central Excise

Summary

Issues:
1. Challenge to setting aside of penalty and redemption fine
2. Classification of Micronutrient Zinc Sulphate under Tariff Item 68 or 14HH
3. Benefit of exemption under Notification 89/79-C.E.
4. Moulding relief and duty payment on excess clearance value

Analysis:
1. The appellant Collector of Central Excise challenged the setting aside of penalty and redemption fine by the Collector (Appeals) New Delhi. The respondents were engaged in the manufacture of Micronutrient Zinc Sulphate, initially classified under Item 14HH and exempt from duty. However, a trade notice later classified it under Tariff Item 68. The Deputy Collector found the respondents cleared Micronutrients without paying duty exceeding the exemption limit, leading to penalties and confiscation. The Collector (Appeals) upheld the duty payment but set aside the penalty and redemption fine.

2. The main issue revolved around the classification of Micronutrient Zinc Sulphate under Tariff Item 68 or 14HH. The Tribunal's decision in Radhika Vitamalt Pvt. Ltd. held it as Fertilizer under Tariff Item 14HH, contradicting the Revenue's classification under Tariff Item 68. The appellant argued that the benefit of exemption under Notification 89/79-C.E. should not apply if classified under 14HH, while the respondents contended that the demand under Tariff Item 68 should be set aside.

3. The benefit of exemption under Notification 89/79-C.E. was crucial in determining the duty liability. The appellant contended that since the goods were classified under 14HH, the exemption under the notification would not apply. The respondents, however, argued that the demand under Tariff Item 68 should be dropped following the classification under 14HH. The Tribunal held that the benefit granted under the notification should not be disturbed, but duty should be paid on the excess clearance value under Tariff Item 14HH.

4. The Tribunal considered the plea for moulding relief and the duty payment on excess clearance value. It held that the respondents should pay duty on clearance exceeding Rs. 15 lakhs under Tariff Item 14HH, as directed by the Collector (Appeals). The duty amount should not exceed what would have been payable if assessed under Tariff Item 68. The appeal challenging penalties and redemption fine was dismissed, and the respondents were directed to pay duty on excess clearance value under Tariff Item 14HH.

This judgment clarifies the classification of Micronutrient Zinc Sulphate and the implications on duty liability, emphasizing the importance of proper classification under the Central Excise Tariff for determining duty exemptions and payments.