2008 (8) TMI 615 - AT - Central Excise

Summary

Issues:
Appeal against Orders-in-Appeal No. 365/2006 & 32/2006 - Inclusion of CO2 value in beverage syrup for duty payment.

Detailed Analysis:

1. Issue of Inclusion of CO2 Value:
The appeals were filed against Orders-in-Appeal passed by the Commissioner of Customs & Central Excise regarding the inclusion of CO2 value in the beverage syrup for duty payment. The Revenue contended that the beverage syrup is not marketable without CO2 and, therefore, the cost of CO2 should be included for duty payment. The Original Authority confirmed the demand, which was upheld by the Commissioner (Appeals) in Order-in-Appeal 365/2006. However, in a previous order on the same issue, the Adjudicating Authority had dropped the proceedings. The appellant argued that they supply beverage syrup separately from CO2 and that the aerated water is produced only at the vending machine. The Tribunal noted that if the beverage syrup is not marketable, it is not excisable, and hence, there is no basis for adding the value of CO2. Consequently, the Tribunal set aside the impugned orders and allowed the appeals with consequential relief.

2. Consolidation of Appeals:
Since the issue involved in both appeals was the same, the Tribunal decided to hear and dispose of the matter together. Both parties were represented by their respective counsels, and after hearing both sides, the Tribunal made its decision based on the facts and arguments presented.

3. Representation and Hearing:
The appellants were represented by Mr. Karthikeyan, the learned Advocate, while the Revenue was represented by Ms. Joy Kumari Chander, a learned JCDR. Both sides presented their case before the Tribunal, which carefully considered the arguments and evidence put forth by the parties.

4. Decision and Relief Granted:
After considering the submissions and examining the facts of the case, the Tribunal found no merit in the Orders-in-Appeal that upheld the inclusion of CO2 value in the beverage syrup for duty payment. Consequently, the Tribunal set aside the impugned orders and allowed the appeals with consequential relief. The operative portion of the order was pronounced in open court at the conclusion of the hearing.

In conclusion, the Tribunal's decision in this case revolved around the marketability of the beverage syrup without CO2 and its excisability. The judgment clarified that if the syrup is not marketable, there is no basis for including the value of CO2 for duty payment. The decision highlights the importance of considering the specific circumstances of each case in determining the applicability of duty payments and excisability.