Classification of an end product derived from processing dry ...

Dry date processing saga: Exemption upheld, penalty quashed.

Case Laws     Central Excise

November 15, 2024

Classification of an end product derived from processing dry dates under the Central Excise Tariff, whether it qualifies as "manufacture" under the Central Excise Act, and the implications for Small Scale Industry (SSI) exemption and penalty. The key points are: The end product, sold as "dry dates cut" or "dry dates chura," underwent processes like washing, deseeding, cutting, drying, sieving, and packing. The appellant contended it should be classified under sub-heading 08041030 as dry dates, while the department argued for sub-heading 20089999 as prepared fruit. Applying the General Rules for Interpretation (GIR), the product aligns with the specific description under Chapter 8 for dry dates rather than the general Chapter 20 for prepared fruits. The processes did not result in a new product distinct from dry dates. Therefore, the end product is correctly classified under Chapter 8, attracting nil duty rate. Consequently, the denial of SSI exemption and imposition of penalty u/s 11AC were improper, as no duty is confirmed. The Tribunal's order was set aside, and the appeal was allowed.

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