2017 (1) TMI 492 - AT - Central Excise

Tribunal upholds exemption on cakes & pastries under Central Excise Tariff. Revenue appeal dismissed.

Commissioner of Service Tax, Delhi-I Versus M/s. India International Centre

The Tribunal upheld the exemption granted by the Commissioner (Appeals) in a case concerning the classification of cakes, pastries, and cookies under ... SSI exemption - value of clearances exceeding ₹ 300 lakhs - Held that: - the respondent is supplying foods items along with beverages, juices, alcohol and other items which are not prepared by the respondent. Most of the items are bought out items. The sale figures of these items have been shown in the balance sheet is of all the items; i.e. bought out and prepared in the kitchen and this figures have been taken by the Revenue to deny the benefit of exemption notification which is not correct. Moreover, the Revenue has not taken any pain to determine the value of food prepared and cake and pastries prepared by the respondent in their kitchen. As revenue has failed to quantify the correct figures of food and cake and pastries prepared by the respondent, in that circumstances, the benefit of exemption notification cannot be denied blindly - appeal dismissed - decided against Revenue. Issues:Classification under Central Excise Tariff Heading 19059010; Denial of SSI exemption under notification No. 8/2003.Analysis:1. The case involved the classification of cakes, pastries, and cookies under Central Excise Tariff Heading 19059010 and the denial of SSI exemption under notification No. 8/2003 to the respondent due to the total value of clearances exceeding Rs. 300 lakhs in the preceding financial year.2. The Revenue contended that the respondent's aggregate value of clearances exceeded the prescribed limit, making them ineligible for the exemption. The figures from the balance sheet were used to support this claim, showing increasing sales over the years.3. On the other hand, the respondent argued that they were a club supplying various food items, including cakes and pastries, with some items being bought out and not prepared on-site. They claimed that the clearance of cakes, pastries, and cookies fell within the monetary limits of the notification, justifying the exemption granted by the Commissioner (Appeals).4. The Tribunal noted that most items sold were bought out, and the Revenue had not accurately determined the value of food and baked goods prepared by the respondent. The Tribunal agreed with the Commissioner (Appeals) that the Revenue had failed to conduct necessary exercises to attribute the income from food items to the value of excisable goods for SSI exemption eligibility.5. The Tribunal highlighted that the Revenue's assumptions lacked specificity regarding the identification, classification, and marketability of items sold under the 'FOOD' category in the balance sheets. As the Revenue failed to establish that the value of clearances of cakes, pastries, and cookies exceeded the limit, the Tribunal upheld the exemption, setting aside the impugned order.6. Ultimately, the Tribunal dismissed the Revenue's appeal, as the correct figures were not quantified, affirming the decision to uphold the exemption granted by the Commissioner (Appeals).This detailed analysis of the judgment provides insights into the issues of classification and exemption denial, the arguments presented by both parties, and the Tribunal's reasoning leading to the dismissal of the Revenue's appeal.