Jurisprudentiol-Recent SC Judgements
Central Excise - Exemption - Bulk drugs - formulation - Notification No. 8/95-CE - even if the formulation is processed out of or containing one bulk product the condition of Notification stands satisfied.
The respondent assessee is a manufacturer of various medicines and products including the product called 'Strepto Pencillin Injection' which falls under Chapter Heading No. 2941.10 of the Schedule to the Central Excise Tariff Act, 1985. The assessee had been claiming benefit of excise duty under Notification No.8/95 dated 9.2.95 and on the application thereof the concessional rate of duty @ 10% is payable.
Revenue took the stand that the assessee was not entitled to concessional rate of duty under the aforesaid Notification on the ground that the aforesaid product is combination of streptomycin and penicillin. The assessee on the other hand contended that even if one of the bulk drugs is included in the formulation that would satisfy the definition of 'formulations'
The Supreme Court found that the plea taken by the respondent/assessee is correct and has to be accepted, and was rightly accepted by the Tribunal. As per the definition, even if the formulation is processed out of or containing one bulk product the condition of Notification stands satisfied.
The Supreme Court dismissed the Revenue Appeal.
Please see Commissioner of Central Excise, Vadodara Vs Alembic Chemical works Co Ltd -
Central Excise - Classification of Milk N Nut
- Assessee claimed the classification of the product under Chapter Heading No.2001.10 as preparation of vegetable, fruits, nuts and parts of plants. The Assistant Commissioner, Commissioner (Appeals) and the Tribunal held that the product was preparation of vegetables, fruits, nuts and parts of plants and therefore rightly classified under Chapter Heading 2001.10 and cannot be treated as sugar confectionery.
Revenue is in appeal in Supreme Court.
All the three authorities below have arrived at finding of fact that the product in question is vegetable preparation and is not sugar confectionery. These are finding of facts.
So, the Supreme Court found no reason to interfere.
Revenue Appeal was Dismissed.