2000 (8) TMI 402 - AT - Central Excise

Summary

Issues:
- Whether the respondents were engaged in the manufacture/propagation of yeast leviable to Central Excise Duty under sub-heading 2102.90 of the Schedule to the Central Excise Tariff Act.

Analysis:
1. Manufacture of Yeast by Respondents:
- The Revenue argued that the yeast manufactured by the respondents was a distinct product chargeable to duty, citing the marketability of yeast and its classification under Tariff Heading 21.02.
- Reference was made to legal precedents and the manufacturing process of yeast to support the claim that the product was excisable.

2. Consumer vs. Manufacturer Argument:
- The respondents contended that they were consumers of imported yeast, not manufacturers, as the imported yeast underwent a process to become usable yeast for fermentation.
- They argued that no new goods came into existence at any stage, and no manufacturing was involved, emphasizing that all forms of active yeasts fell under the single taxable description of "Yeast (Active)."

3. Marketability of the Product:
- Various respondents highlighted that the yeast propagated by them had a very short shelf life, making it non-marketable for buying and selling.
- Legal arguments were presented, citing Supreme Court judgments emphasizing that excise duty is attracted only when goods are capable of being sold to consumers in the market.

4. Burden of Proof on Revenue:
- The Commissioner's findings emphasized that the burden of proving marketability of the disputed goods lay with the Revenue, which was not discharged.
- It was noted that the Revenue failed to provide evidence that the yeast in question was capable of being bought and sold in the market, despite mentioning its short shelf life.

5. Decision:
- The Tribunal rejected all appeals filed by the Revenue, concluding that the yeast propagated by the respondents was not excisable due to its lack of marketability, as established by the short shelf life and absence of evidence proving its capability to be brought to the market for buying and selling.

In summary, the judgment focused on the central issue of whether the yeast manufactured/propagated by the respondents was excisable under the Central Excise Duty. The analysis delved into the manufacturing process, marketability of the product, burden of proof on the Revenue, and legal precedents to determine that the yeast in question was not excisable due to its non-marketability, leading to the rejection of all appeals by the Revenue.