TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
When case Id is present, search is done only for this
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>Tribunal emphasizes marketability over sugar content in excise duty appeal</h1> <h3>Universal Drinks (P) Ltd. Versus Commissioner of Central Excise, Nagpur</h3> Universal Drinks (P) Ltd. Versus Commissioner of Central Excise, Nagpur - 2016 (336) E.L.T. 307 (Tri. - Mumbai) Issues: Determination of marketability of sugar syrup for excise duty based on sugar content and shelf life.Analysis:1. Issue of Marketability: The case involved the determination of whether sugar syrup, used in the manufacture of exempted finished goods, was marketable and thus chargeable to duty. The appellant argued that the sugar syrup was not marketable as it did not have a shelf life. Initially, the original adjudicating authority ruled in favor of the appellant based on a test result showing 33.3% sugar content, as per CBEC Circular No.75/75/94-CX. However, the Commissioner (Appeals) reversed this decision, relying on a report indicating 56.7% sugar content and shelf life, citing Circular No.780/13/2004-CX.2. Contention of the Appellant: The appellant referred to CBEC Circular No.226/60/96-CX, highlighting that syrups with less than 65% sugar content may not have a shelf life without preservatives. The appellant argued that the test report did not specify the testing date, questioning the conclusion on shelf life. The absence of additives and sugar content below 65% were emphasized to support the claim of non-marketability.3. Arguments by the Respondent: The respondent supported the Commissioner (Appeals)' decision, citing Circular No.780/13/2004-CX and the Hon'ble Supreme Court's marketability test criteria. The respondent contended that the sugar syrup was marketable irrespective of sugar concentration, making it excisable.4. Tribunal's Decision: The Tribunal analyzed the test report, noting sugar content below 65% and the absence of details on testing date or sample deterioration. The Tribunal found the Commissioner (Appeals)' grounds misplaced, emphasizing Circular No.780/13/2004-CX's focus on marketability over sugar content. The lack of evidence on marketability led to setting aside the impugned order and allowing the appeal.In conclusion, the judgment centered on the marketability of sugar syrup for excise duty, considering sugar content and shelf life. The Tribunal's decision highlighted the importance of demonstrating marketability, disregarding the sugar concentration alone. The case underscored the need for clear evidence supporting marketability claims in excise duty matters.
TaxTMI 