2010 (5) TMI 263 - AT - Customs

EOU-DTA Clearance- Commissioner considered Vanadium Pentoxide imported by the assessee as a raw material and on this basis denied the benefit of the Notification to the assessee on the ground that an imported raw material was used in the manufacture of Phthalic Anhydride. Held that- whether impugned item ought to be treated catalyst or raw material a substantive question. Benefit available only if indigenous raw material used in manufacture. In assessee s own case benefit allowed. Thus allow the appeal.

Summary

Issues: Denial of benefit of Notification No. 23/2003-C.E. regarding Phthalic Anhydride clearance to Domestic Tariff Area, classification of Vanadium Pentoxide as 'Catalyst' or 'raw material'.

Analysis:
1. Denial of Benefit of Notification: The appeals were against the Commissioner's Order denying the benefit of Notification No. 23/2003-C.E. to the assessee for Phthalic Anhydride clearance to the Domestic Tariff Area. The Commissioner imposed duty and penalties on the assessee, alleging the use of imported Vanadium Pentoxide as a raw material in manufacturing Phthalic Anhydride, thus disqualifying them from the Notification's benefits. The Tribunal noted that the benefit was contingent on the use of indigenous 'raw materials' in manufacture. However, a previous Tribunal decision favored the assessee, holding Vanadium Pentoxide as a Catalyst, not a raw material, thereby entitling the assessee to the Notification's benefits. The Tribunal acknowledged the absence of a stay on the previous decision challenged in the Supreme Court, allowing it to serve as a precedent.

2. Classification of Vanadium Pentoxide: The key issue revolved around the classification of Vanadium Pentoxide as either a 'Catalyst' or a 'raw material' in the manufacturing process of Phthalic Anhydride. The Tribunal, in a prior decision, had established that Vanadium Pentoxide, being a Catalyst, did not violate the Notification's conditions when used in Phthalic Anhydride production. As the department failed to secure a stay on the previous decision, the Tribunal upheld the earlier ruling, setting aside the Commissioner's order and granting the appeals in favor of the assessee. The decision emphasized the importance of the classification of imported materials in determining eligibility for duty exemptions under relevant Notifications.

In conclusion, the judgment centered on the proper classification of Vanadium Pentoxide and its impact on the assessee's entitlement to Notification benefits. The Tribunal's reliance on precedent and the absence of a stay on the previous decision underscored the significance of consistent interpretation and application of legal principles in excise matters.