1983 (2) TMI 313 - AT - Central Excise

Summary

Issues:
Assessment of product "Catalyst for Zinc Rich Primer" under Central Excise Tariff - Interpretation of Tariff Items 15-A(1)(i) and 14-I(5) - Classification of catalyst as resin - Duty implications for resin in different forms.

Analysis:
The dispute revolves around the assessment of the product "Catalyst for Zinc Rich Primer" manufactured by M/s. India Paints. The appellants argue that the catalyst is used in conjunction with an epoxy primer to create "Zinc rich epoxy primer." They clear the primer base and the catalyst together in a two-pack system for use as primer, paying duty on the total value under Item 15-I(5) CET. However, the Central Excise authorities have classified the catalyst as a resin under Item 15-A(1)(i), leading to a disagreement on the assessment. The key issue is whether the catalyst should be assessed as part of the paint under Item 14-I(5) or as a separate resin under Item 15-A(1)(i).

M/s. India Paints assert that the catalyst contains duty paid polyamide synthetic resin dissolved in volatile organic solvent. They argue that the resin and the epoxy base are cleared in separate packs as they must be mixed immediately before application to activate the catalysis process. The Appellate Collector held that the resin's change in form from solid to liquid constitutes a new resin, necessitating fresh duty imposts. However, this interpretation is challenged as the Tariff refers to the form in which resins are excised, not changes in form post-duty payment. The law mandates duty collection when resin has not been taxed, irrespective of its form at clearance.

The appellate authorities reject the department's reasoning that a duty paid resin must be taxed again if its form changes post-clearance. They argue that the resin's form does not impact its duty liability unless it has not been taxed initially. The catalyst solution, containing duty paid resin, is deemed not a new product under Item 15A, as there is no evidence of a change in resin character upon dissolution. Moreover, the authorities have not disputed that the epoxy and catalyst, when used together, form a zinc rich epoxy primer, indicating they should be assessed as one common substance under Item 14-I(5).

The appeal is allowed, directing the assessment of the two-pack paint under Item No. 14-I(5) of the Central Excise Tariff. The judgment clarifies the duty implications for resins in different forms and emphasizes the importance of assessing products based on their intended use and composition rather than changes in form post-duty payment.