2009 (6) TMI 300 - AT - Central Excise

The appellant is a manufacturer of anhydrous Dextrose. The two contending entries for classification of the same are sub-heading 17.02 as claimed by the appellant and sub-heading 2942.00 as held by the lower authorities. - Support can be drawn from HSN Explanatory Note where the Dextrose stand mentioned under Glucose as chemically pure Glucose. - Chapter Note 1(b) of the Chapter states that Chapter does not cover chemically pure sugar, other than glucose - It is an exclusion from exclusion clause - However, Glucose is further excluded from the purview and definition of chemically pure sugar which is covered under Chapter 29 - It leads us to only one inevitable conclusion that while excluding chemically pure sugar from the coverage of Chapter 17, Glucose is not excluded. - The Dextrose being nothing more than chemically pure glucose, falls within the ambit of Heading 17.02. - The impugned order holding classification of the Dextrose as under 29.42 is set aside. Appeal is allowed accordingly

Summary

Issues:
Classification of anhydrous Dextrose under sub-headings 17.02 and 29.42.

Analysis:
The appeal concerned the classification of anhydrous Dextrose by the appellant, a manufacturer, under sub-heading 17.02, whereas the lower authorities classified it under sub-heading 29.42. The Tribunal referred to a previous case involving M/s. Anil Starch Product Ltd. where anhydrous Dextrose was classified as a drug under sub-heading 2913.000. The Tribunal upheld this decision, citing a judgment by the Mumbai High Court in the case of M/s. Tata Exports Limited. The appellant argued that the Chapter notes were amended after the M/s. Anil Starch Product Ltd. case, requiring a fresh decision. They pointed to a subsequent case involving M/s. Medopharm where Lactose BP/USP was classified under Chapter 17. The Tribunal analyzed the two contending entries, highlighting the exclusion of Glucose from sub-heading 29.40 and the specific mention of chemically pure sugars in Chapter 17. The Tribunal concluded that Dextrose, being chemically pure Glucose, should be classified under Heading 17.02.

The Tribunal also considered a recent decision in the case of CCE, Indore v. Tirupathi Starch & Chemicals Ltd., which reaffirmed that Dextrose should be classified under Heading 17.02. The Tribunal referenced the HSN Explanatory Note, which categorizes Dextrose under chemically pure Glucose. The judgment emphasized that Dextrose falls within the scope of Heading 17.02, as it includes chemically pure sugars like Glucose. The Tribunal distinguished previous judgments and amendments to Chapter Headings 17 and 29, ultimately setting aside the classification of Dextrose under 29.42 and allowing the appeal.

In conclusion, the Tribunal ruled in favor of the appellant, holding that anhydrous Dextrose should be classified under Heading 17.02 and not under 29.42. The decision was based on the analysis of relevant Chapter notes, previous case law, and the nature of Dextrose as chemically pure Glucose. The judgment provided a detailed explanation of the classification criteria and the exclusion clauses within the relevant sub-headings, emphasizing the importance of accurate classification for tax and regulatory purposes.