1998 (11) TMI 193 - AT - Central Excise

Drugs - Liquid Paraffin I.P. - End-use condition for exemption as bulk drug built into Notification No. 234/82-C.E.

Summary

Issues:
Classification under Notification 234/82 for duty exemption, End use condition for benefit eligibility, Distinction between bulk drugs and medicines, Limitation period for show cause notices, Jurisdiction of issuing show cause notices, Product classification under Central Excise Tariff.

Classification under Notification 234/82 for duty exemption:
The Notification exempts goods under T.I. 68 from duty, including bulk drugs and medicines not elsewhere specified. The end use condition is crucial for eligibility, applicable only to bulk drugs used as such. The benefit extended only to clearances to drug manufacturers, not industrial consumers. Duty held demandable due to non-compliance with end use condition.

Distinction between bulk drugs and medicines:
Clearance in measured doses prescribed by doctors distinguishes medicines from bulk drugs. Liquid Paraffin I.P. cleared in bulk not considered a medicine under the Notification. Mode of clearance determines classification as a bulk drug or medicine for duty exemption eligibility.

Limitation period for show cause notices:
Show cause notices covering periods beyond six months challenged. Jurisprudence cited regarding the authority to issue notices exceeding six months. Validity upheld for demands within six months from the date of issue, beyond which lack of jurisdiction nullifies demands.

Jurisdiction of issuing show cause notices:
Differentiating cases where wilful misstatement/suppression of facts alleged by competent authorities. Show cause notices by the Superintendent valid for demands within six months from the date of issue. Lack of wilful misstatement/suppression in the present case limits the applicability of relevant judgments.

Product classification under Central Excise Tariff:
Contention regarding the product being a mineral oil under T.I. 8 dismissed. Liquid Paraffin I.P. classified under T.I. 68, with the central issue being the product's eligibility for exemption under Notification 234/82. Previous judgments and evidence considered in determining the product's classification and eligibility for duty exemption.

The judgment concludes by affirming that the benefit under Notification 234/82 is not available for clearances to industrial consumers. The demand raised in one show cause notice is upheld, while demands in other notices are restricted to a six-month period from the date of issue. Requantification of duty for the limited period is directed to be carried out by the Assistant Commissioner. The appeals are disposed of accordingly.