1987 (10) TMI 201 - AT - Central Excise

Summary

Issues: Classification of products "wet dextrose" and "mother liquor" under Item No. 1E of the Central Excises and Salt Act, 1944.

The judgment by the Appellate Tribunal CEGAT, New Delhi involved the classification of products "wet dextrose" and "mother liquor" under Item No. 1E of the Central Excises and Salt Act, 1944. The Appellate Collector had classified these products under Item No. 1E, confirming the Assistant Collector's order. The appellants appealed this decision before the Tribunal. The Tribunal considered the manufacturing process of the appellants, which involved the production of sorbitol where wet dextrose and mother liquor emerged as intermediate products. The appellants argued that wet dextrose should not be classified under Item No. 1E due to its susceptibility to deterioration and lack of marketability. They cited a previous decision by the Tribunal in a similar case. The Tribunal noted the Supreme Court's judgment in a case involving aluminium cans, emphasizing that goods must be capable of sale to consumers to attract duty. The Tribunal also referred to a case involving asbestos products to distinguish the applicability of the Supreme Court's judgment. The Tribunal highlighted that the department failed to prove the marketability of wet dextrose and mother liquor. The Appellate Collector's reliance on technical material was found insufficient to establish the marketability of the products. The Tribunal reviewed various chemical resources but found no evidence supporting the department's claim. Consequently, the Tribunal set aside the impugned order and allowed the appeal, ruling in favor of the appellants.