2018 (10) TMI 633 - AT - Central Excise

Intermediate product - sugar syrup - Captive consumption - Excisability/marketibility - Exemption under N/N. 67/1995-CE dated 16.03.1995 - Held that - Tribunal in the case of M/s Bhagwati Food Pvt. Ltd. and others 2016 (9) TMI 678 - CESTAT ALLAHABAD , held that there was no evidence to prove that sugar syrup captively consumed is classifiable under Tariff Item No. 17029090 nor there is any evidence to prove that the goods in question in the form in which they come into existence in the appellants factory are marketable. Sugar syrup coming into existence during the manufacture of biscuits and captively consumed does not attract Central Excise duty for the reason that there is no evidence that the same is marketable - appeal allowed - decided in favor of appellant.

Summary

Issues:
- Classification of sugar syrup under Tariff Item No. 17029090
- Applicability of Notification No. 67/1995-CE and Notification No. 22/2007-CE
- Central Excise duty on captively consumed sugar syrup in biscuit manufacturing
- Interpretation of marketability of sugar syrup in the manufacturing process

Classification of Sugar Syrup:
The case involved the classification of sugar syrup under Tariff Item No. 17029090. The appellants, biscuit manufacturers, used sugar syrup in their manufacturing process. Initially, the intermediate products were exempt from Central Excise Duty under Notification No. 67/1995-CE. However, post 03.05.2007, goods with MRP less than ?100/kg were exempt under Notification No. 22/2007-CE. This change led to demands for Central Excise duty on captively consumed sugar syrup. Show cause notices were issued, and subsequent Order-in-Originals confirmed the demands. The appeals were filed against these orders.

Applicability of Notifications:
The issue revolved around the applicability of Notification No. 67/1995-CE and Notification No. 22/2007-CE concerning the exemption of intermediate products based on MRP criteria. The change in exemption criteria post-2007 impacted the liability of Central Excise duty on sugar syrup used in biscuit manufacturing. The Tribunal analyzed the notifications' provisions to determine their effect on the duty liability of the appellants.

Central Excise Duty on Captively Consumed Sugar Syrup:
The core dispute was whether Central Excise duty was applicable to captively consumed sugar syrup in biscuit production. The Revenue argued for duty imposition on the sugar syrup consumed internally. The Order-in-Appeals upheld the duty demands, leading to the appellants challenging these decisions before the Tribunal. The Tribunal assessed the legal provisions and precedents to decide on the duty liability of the sugar syrup used internally in the manufacturing process.

Interpretation of Marketability of Sugar Syrup:
A crucial aspect was the interpretation of the marketability of sugar syrup generated during the biscuit manufacturing process. The Tribunal referred to previous judgments, including the case of Rishi Bakers Pvt. Ltd., to establish that there was no evidence proving the marketability of the sugar syrup. Based on this analysis, the Tribunal concluded that the sugar syrup, being captively consumed and lacking marketability evidence, did not attract Central Excise duty. The decision was influenced by the absence of proof regarding the marketable nature of the sugar syrup.

In conclusion, the Tribunal allowed all eight appeals, ruling in favor of the appellants based on the analysis of marketability and duty liability criteria. The judgment emphasized the importance of evidence regarding marketability in determining the Central Excise duty applicability on sugar syrup used in biscuit manufacturing.