2012 (7) TMI 673 - AT - Central Excise

Marketability - Excise duty on Intermediate products - Captive consumption - manufacture of edible biscuit which became exempt - the sugar syrup and glucose flavour comes into existence at intermediate stage. - held that - Apparently the Adjudicating Authority has instead of deciding the marketability of the product had merely dealt with the issue of possibility of marketability of the final product, and relying upon the decision of the Hon ble Supreme Court in Gujarat Narmada Valley Fert. Co. Ltd. case 2005 (4) TMI 72 - SUPREME COURT had arrived at the finding about the marketability of the final product. The decision of the Apex Court in Gujarat Narmada case is on the point that the issue of marketability of the materials need not be decided on the basis of the actual sale of product but it must be capable of being sold in the market or known in the market as the goods. - matter remanded to original authority.

Summary

Issues:
Classification of sugar syrup and flavour under Central Excise Tariff headings, marketability of the products, applicability of precedent decisions, duty liability.

Analysis:
1. Classification of Sugar Syrup and Flavour: The issue in this case revolves around the classification of sugar syrup and flavour manufactured by the appellants under Central Excise Tariff headings 1702.90 and 3302. The Revenue contends that the products are marketable and, therefore, excisable. The appellants argue that the sugar syrup they produce is not marketable as it has a short shelf life and is used immediately in biscuit manufacturing. The Tribunal analyzed the manufacturing process, marketability criteria, and relevant legal precedents to determine the classification.

2. Marketability of the Products: The Tribunal considered the marketability of the invert sugar syrup manufactured by the appellants. It noted that invert sugar syrup is a stable compound with various desirable properties, making it marketable. The Revenue supported its stance by referring to Supreme Court decisions emphasizing that marketability is a prerequisite for levying duty. The Tribunal examined the properties of the sugar syrup, circulars issued by CBEC, and expert opinions to establish the marketability of the product.

3. Applicability of Precedent Decisions: Both parties relied on precedent decisions to support their arguments. The appellants cited a Tribunal decision regarding marketability criteria, while the Revenue referred to Supreme Court judgments emphasizing the importance of marketability for duty imposition. The Tribunal carefully considered these precedents to determine their applicability to the current case and to guide its decision-making process.

4. Duty Liability: The ultimate issue at hand was to determine the duty liability of the appellants based on the classification and marketability of the sugar syrup and flavour they manufactured. The Tribunal highlighted the importance of examining the marketability aspect of the products, emphasizing that the product's actual sale is not necessary to establish marketability. The Tribunal remanded the matter to the lower authorities for a fresh examination of the marketability aspect to decide the duty liability accordingly, following the principles laid down in the case of M/s. Ambaji Foods (India) Pvt. Ltd.

In conclusion, the judgment focused on the classification of sugar syrup and flavour, the marketability of the products, the relevance of precedent decisions, and the determination of duty liability. The Tribunal's detailed analysis considered the manufacturing process, product properties, legal precedents, and expert opinions to arrive at a decision to remand the matter for further examination of the marketability aspect to ascertain the duty liability accurately.