2018 (3) TMI 912 - AT - Central Excise

Delegation of power of adjudication to the chemical examiner - scope of Central Excise Act, 1944 - Held that - Revenue wants to delegate the power of adjudication to the chemical examiner which is beyond the scope of CEA 1944 - It is the responsibility of the Adjudicating Authority to take chemical examiner s report and apply it to the facts and provisions of law and the entries in the Central Excise Tariff and decide classification of the goods - appeal dismissed - decided against Revenue.

Summary

Issues:
Classification of goods as manufactured or un-manufactured tobacco based on chemical examiner's opinion, delegation of adjudication power to chemical examiner, consideration of chemical examiner's report by Adjudicating Authority.

Analysis:
The appeal before the Appellate Tribunal CESTAT, Allahabad arose from a dispute regarding the classification of branded Chewing Tobacco manufactured by the respondent as either un-manufactured or manufactured tobacco. The Revenue contended that the goods were manufactured tobacco, leading to a demand for differential duty amounting to ?27.03 lakhs for a specific period. The basis for this classification was a communication from the Chemical Examiner stating that the samples could be considered as manufactured tobacco. The Order-in-Original confirmed the demand and imposed a penalty. The respondent appealed to the Commissioner (Appeals), who considered the chemical examiner's communication but also referenced a previous Tribunal order emphasizing that the examiner's opinion alone cannot determine classification. The Commissioner (Appeals) accepted the respondent's stand, prompting the Revenue to appeal to the Tribunal.

During the Tribunal proceedings, the Revenue argued that the Commissioner (Appeals) disregarded the chemical examiner's report supporting the classification as manufactured tobacco. The respondent's counsel highlighted that the examiner did not provide the chemical composition but merely referred to Chapter Note 3, opining the goods were manufactured tobacco. Upon reviewing the contentions and records, the Tribunal concluded that the Revenue sought to delegate adjudication power to the chemical examiner, which exceeded the scope of the Central Excise Act. The Tribunal clarified that the examiner's role is to analyze samples and provide results, while the Adjudicating Authority must apply this information to relevant laws and tariff entries for classification. Criticizing the Original Authority for accepting the examiner's opinion without proper assessment, the Tribunal upheld the Order-in-Appeal, rejecting the Revenue's appeal. The cross objection was also disposed of during the proceedings.