2017 (9) TMI 16 - AT - Central Excise

Intermediate product - captive consumption - N/N. 50/2003-CE dated 10/06/2003 - resins manufactured by the appellants are consumed captively - excisability/marketability - Held that - the Tribunal Allahabad Bench have dealt with the very same issue for the earlier period in the appellant s own case vide final order No.70520 of 2017 dated 19/05/2017 where it was held that learned Commissioner have erred in holding that the appellant s goods are also capable of being bought and sold without any chemical composition comparison alongwith competitive shelf life study - appeal allowed - decided in favor of appellant.

Summary

Issues:
1. Eligibility for exemption of intermediate products manufactured for captive consumption.
2. Duty demand on resins manufactured by the appellants.
3. Penalty imposed under Section 11AC of Central Excise Act, 1944.
4. Interpretation of marketability of the products.

Analysis:
1. The appeal concerned the eligibility for exemption of intermediate products manufactured by the appellants for captive consumption. The resins manufactured by the appellants were consumed captively in the manufacture of their final products. The dispute arose regarding the duty liability on these resins, with a duty demand of ?6,11,76,142 imposed by the Original Authority along with a penalty equivalent to the duty amount.

2. The Tribunal, Allahabad Bench, in a previous order dated 19/05/2017, had held that the appellants were not liable to duty on the resins manufactured by them for the period 2007-2008 to 30/11/2011. The learned Counsel for the appellant argued that this decision resolved the matter in their favor, even though the period in the present appeal was from December 2011 to February 2013. The Tribunal noted that the impugned order was vitiated on the issue of marketability, citing various reasons for setting aside the duty demand.

3. The learned AR reiterated the findings of the lower Authority, but the Tribunal, following the decision of the coordinate Bench in the appellant's own case, set aside the impugned order and allowed the appeal. The Tribunal emphasized that the impugned order was flawed in determining marketability and upheld the appellant's contention that the resins were not liable to duty based on the specific characteristics and manufacturing process involved.

4. The Tribunal's detailed analysis highlighted discrepancies in the Original Authority's reliance on unsubstantiated data and vague references to marketability. The Tribunal scrutinized the characteristics of the appellant's products, compared them to other manufacturers, and emphasized the need for a chemical composition comparison and competitive shelf life study to establish marketability. The Tribunal also pointed out errors in the Commissioner's observations regarding classification under Chapter 39 and the applicability of certain rulings without proper chemical composition comparison. Additionally, the Tribunal referenced a clarificatory circular from the Government of India and previous decisions to support their findings.

This comprehensive analysis of the judgment showcases the legal intricacies involved in determining duty liability, exemption eligibility, and the interpretation of marketability in the context of manufacturing intermediate products for captive consumption.