2010 (8) TMI 714 - AT - Central Excise

Marketability - manufacturing of sugar syrup as an intermediate product which is captively consumed for manufacture of the said biscuits. - held that - though actual sale need not be established, the capability of the product being sold in the market or known in the market as goods must be established. It nowhere discloses any analysis of the materials on record to arrive at any finding regarding capability of the product being sold in the market or the same as being known to the market as the goods. - Since the authorities below have failed to carry out this exercise before confirming the demand, the orders passed by the lower authority are required to be set aside and the matters need to be remanded to the Adjudicating Authority to decide the same afresh and bearing in mind the law laid down by the Apex Court and various other decisions relied upon on behalf of the appellants

Issues Involved:
1. Marketability of the intermediate product, Sugar Syrup.
2. Applicability of Notification No. 67/1995-CE dated 16th March 1995.
3. Failure of the authorities to consider relevant legal precedents and materials.

Issue-Wise Detailed Analysis:

1. Marketability of the Intermediate Product, Sugar Syrup:

The appellants argued that the authorities failed to consider the marketability of Sugar Syrup before confirming the demand. The learned advocate for the appellants cited several legal precedents, including decisions by the Hon'ble Supreme Court, to emphasize that the marketability of the intermediate product must be established independently of the final product's marketability. The advocate contended that the Commissioner (Appeals) erroneously held that the intermediate product is marketable simply because the final product (biscuits) is marketable, which contradicts the law laid down by the Apex Court.

The DR, on the other hand, argued that the original authority had considered the marketability of the product, relying on the Supreme Court's decision in Gujarat Narmada Valley Fert. Co. Ltd. vs. CCE. However, the Tribunal found that the lower authorities failed to analyze the marketability of Sugar Syrup specifically. The authorities assumed marketability based on the final product's marketability without any independent analysis of the intermediate product.

2. Applicability of Notification No. 67/1995-CE dated 16th March 1995:

The appellants were denied the benefit of Notification No. 67/1995-CE on the ground that the final product (biscuits) is exempt from duty. The lower authorities held that the duty on the intermediate product (Sugar Syrup) must be discharged if the final product is exempt. The Commissioner (Appeals) and the original authority both concluded that the notification does not stipulate any condition of saleability or marketability for allowing or denying its benefit. They argued that the marketability of intermediate products should be considered in conjunction with the final products.

3. Failure of the Authorities to Consider Relevant Legal Precedents and Materials:

The Tribunal noted a complete failure on the part of the Commissioner (Appeals) and the original authority to consider the requirement of marketability as established by the department. The authorities did not analyze the materials on record to determine the capability of the product being sold in the market or being known in the market as goods. The Adjudicating Authority focused on the possibility of marketability of the final product rather than the intermediate product. The Tribunal emphasized that the authorities must analyze the facts of each case and apply relevant legal precedents correctly.

Conclusion:

The Tribunal concluded that both the Commissioner (Appeals) and the original authority failed to consider the issue of marketability in the manner required by law. The authorities did not analyze the materials on record to determine the marketability of Sugar Syrup independently. The Tribunal set aside the impugned orders and remanded the matters to the Adjudicating Authority for fresh consideration, bearing in mind the law laid down by the Apex Court and other relevant decisions. The appeals succeeded, and the matters were remanded for a thorough re-evaluation of the marketability and duty liability of the intermediate product, Sugar Syrup.

← Previous Next →