1991 (7) TMI 186 - AT - Central Excise

Summary

Issues:
Classification of veterinary products under Central Excise Tariff, demand for duty barred by limitation.

Classification Issue Analysis:
The Tribunal referred to a previous order in the appellants' case, where two products were classified under TI 14E of the Central Excise Tariff. The Tribunal emphasized that the definition of patent or proprietary medicines from Explanation-1 to Tariff Item 14E is crucial for classification. Despite arguments regarding the nature of animal feed supplements, the Tribunal held that products with therapeutic value, prescribed dosages, and registered marks qualify as TI 14E items. The appeal upheld the classification under TI 14E based on the Collector's order.

Limitation Issue Analysis:
The demand for duty was challenged on the grounds of limitation. The appellants contended that the demand arose due to a change in opinion by the Excise authorities, not new facts. They had submitted classification lists, approved by the Assistant Collector, which included product details. The Additional Collector observed that the labels were available with the authorities during the approval process. Citing a precedent, the Tribunal ruled that duty can only be demanded from the date of the show cause notice if reclassification is based on a change in interpretation without new facts. As the demand predated the notice, it was deemed barred by limitation. Consequently, the demand for duty prior to the notice date was set aside.

Conclusion:
The judgment upheld the classification of the goods under TI 14E but set aside the demand for duty due to limitation. The decision was based on the principles established by previous Tribunal rulings and the specifics of the case, emphasizing the importance of timely issuance of show cause notices for duty demands.