2013 (11) TMI 1601 - AT - Central Excise

Summary

Issues involved: Determination of liability to pay excise duty on sugar syrup arising during the manufacture of duty-exempt biscuits.

Summary:
The appeal addressed the issue of whether the appellant is liable to pay excise duty on sugar syrup produced during the manufacturing of duty-exempt biscuits. The appellants argued that a previous Tribunal decision had remanded a similar case due to the lack of a specific finding on the marketability of sugar syrup. They cited the case of Homemade Bakers (India) Ltd. Vs. CCE, Rohtak, where it was noted that there was no test report on the sugar syrup's marketability or shelf life. The learned Additional Commissioner pointed out that despite detailed observations by the Commissioner, the matter might still need to be remanded based on the Chief Chemist's opinion that sugar syrup with over 65% concentration may have a shelf life. The percentage of sugar in the appellant's sugar syrup was also not indicated. The appellants requested a remand to allow the original authority to determine the marketability of the product.

The Tribunal concluded that a remand was necessary as there was no finding on the crucial aspect of marketability, which is essential for determining the dutiability of the sugar syrup. The requirement of pre-deposit was waived, the impugned order was set aside, and the matter was remanded to the original adjudicating authority. The authority was directed to conduct testing on the sugar syrup and then proceed to assess its marketability, providing the appellants with a fair opportunity to present their case. It was emphasized that no opinion was expressed on the issue, and the original authority was instructed to issue an order in compliance with the law.