Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *   CBIC issues draft rules for Customs valuation *  Top Headlines: Threshold for Benami deals, green bond investors, and more *  Govt aims 1-hour clearance for goods at all ports *  Exporters Allowed To Use RoDTEP, RoSCTL Scrips To Pay Customs Duty, Transfer Them; Rules Amended *  Millions of labourers to be affected by brick producers’ strike over hike in GST, coal rates *  Inauguration of ‘kendriya GST parisar’ *  Transporter can seek Release of Conveyance alone, not Goods under GST Act: Madras HC *  GST: Quoting of DIN Mandatory for Responding to Notice, Govt Modifies Portal *  Firms can soon file claims for GST credits of ?400 cr *  CBIC issues modalities for filing transitional credit under GST. *  Mumbai: Man creates 36 fake GST firms, arrested for input tax credit fraud of Rs 23 cr *  Report to restructure Commerce Ministry under study; idea is to set up trade promotion body: Goyal *  Firms can soon file claims for GST credits of ?400 cr *  Gambling Alert! Govt May Levy Up To 28% GST; UP, Bengal Back Move *  EPFO backs raising retirement age to ease pressure on pension funds *  India Moving Up Power Scale, Set to Become Third Largest Economy By 2030 *  Airfares Get Expensive: What Changes for Flyers From Today? *  IRCTC Latest News: Passengers to Pay More For Cancelling Confirmed Rail Tickets Soon. *  IBC prevails over Customs Act, says Supreme Court. *  As GST enters sixth year, a time for evaluation and reassessment *  There’s GST on daily essentials as Centre needs money to buy MLAs: Arvind Kejriwal *  Now, GST on cancellation of confirmed train tickets, hotel bookings *  GST kitty for top States could rise 20% in FY23, says Crisil *  French customs officials seize another cargo vessel over Russia sanctions *  TradeLens builds on Asia momentum with Pakistan Customs deal *  Hike tax on tobacco, reduce affordability & increase revenue: Civil society organizations to GST council *  Bihar: ?10 crore tax evasion on tobacco products detected in raids *  Centre failed on GST, COVID; would it be anti-national? Rajan on Infosys row *  Service Tax not Chargeable on Income Tax TDS portion paid by recipient: CESTAT grants relief to TVS *  Foreign portfolio investors make net investment of Rs 7575cr in Sep so far
Subject News *  Run-up to Budget: Monetary threshold for GST offences may rise to Rs 25 cr *   GST (Tax) E-invoice Must For Businesses With Over Rs 5 Crore Annual Turnover *   Both Central GST and excise duty can be imposed on tobacco, rules Karnataka high court *   CBIC Issues Clarification On Extended Timelines For GST Compliance *   CBIC Issues Clarification On Extended Timelines For GST Compliance *  Budget 2023- 9.6 crore gas connections *  GST: Tamil Nadu Issues Instructions for Assessment and Adjudication Proceedings *  GST: CBIC Extends Last Date for filing of ITC *  GST collection in September surpasses Rs 1.4 lakh crore for straight seventh time *  Dollar smuggling case: Customs chargesheet names M Sivasankar as key conspirator. *  Hike in GST rates fuels inflation *  Assam: CBI arrests GST commissioner in Guwahati *  GST fraud worth ?824cr by 15 insurance Cos detected *  India proposes 15% customs duties on 22 items imported from UK *  Decriminalising certain offences under GST on cards *  Surge in GST collections more due to higher inflation: India Ratings *  MNRE Notifies BCD and Hike in GST Rates as ‘Change in Law’ Events But With a Condition | Mercom India *   Solar projects awarded before customs duty change allowed cost pass-through *  Rajasthan High Court Dismisses Writ Petitions Challenging Levy Of GST On Royalty *   GST revenue in September likely at Rs 1.45 lakh crore *  Govt working on decriminalising certain offences under GST, lower compounding charge *  Building an institution like GST Council takes time, trashing is easy: Sitharaman *  GST collections in Sept may touch ?1.5 lakh crore *  KTR asks Centre to withdraw GST on handlooms *  After Gameskraft, More Online Gaming Startups To Receive GST Tax Claims *  Madras HC: AAR Application Filed Under VAT Does Not Survive After GST Enactment *  Threshold for criminal offences under GST law may be raised *  Bengaluru: Gaming company faces biggest GST notice of Rs 21,000 crore *  CBIC clarifies Classification of Cranes for GST, Customs Duty *  Customs seize gold hidden in bicycle in Kerala airport  

Comments

Print   |    |  Comment

PJ/Case Law/2012-13/2038

Whether sugar syrup manufactured as intermediate product for use in biscuits is eligible for SSI exemption?
Case:- SHAH FOODS LTD. V/S COMMISSIONER OF CENTRAL EXCISE, AHMEDABAD-III

Citation: - 2013 (297) E.L.T. 454 (Tri.-Ahmd.)

 
Brief Facts:- The assessee filed this stay application for the waiver of pre deposit of duty amount of Rs. 10,52,955/-, interest thereof and equivalent amount of penalty. These amounts have been confirmed by the first appellate authority on the ground that the appellant is not eligible to avail benefit of small scale industry to the intermediate products manufactured by them which falls under Chapter 17.
 
 
Appellant’s Contention:-The appellants submit that they are manufacturing biscuits. During the course of manufacturing of the biscuits, they also have to manufacture sugar syrup, as a requirement, for manufacture of biscuits. It is their submission that the said sugar syrup falls under Chapter 17 of the Central Excise Tariff Act, 1985. They submit that the first appellate authority has held against them only on the ground that benefit of Notification No. 8/2006 is not applicable to the products which fall under Chapter 17. They made attention to the corrigendum issued by the Central Government, to notification which is reproduced in the appeal memoranda and submit that the product sugar falls under Chapter 17 has been subsequently included in Notification No. 8/2006. They submit that this corrigendum has not been considered by the first appellate authority to come to a conclusion. Hence, it is their submission that the matter may be remanded to the first appellate authority to reconsider the issue afresh.
 
 
Respondent’s Contention: -The Respondents submitted that the benefit of Notification No. 8/2006 needs to be claimed by the appellant and cannot be granted as such. At the same time it is his submission that the first appellate authority has not considered this corrigendum as it was not brought to his notice.
 
Reasoning of Judgment: - The Hon’ble Tribunal held that after hearing both the sides for some time on the stay petition, they find that the appeal itself could be disposed of at this juncture hence after allowing the application for the waiver of the pre-deposit of the amounts involved, they take up the appeal for disposal. They find that the entire issue revolves around the fact that whether the appellant is eligible for the benefit of SSI exemption under Notification No. 8/2006-C.E., dated 1-3-2006 on the intermediate products i.e. sugar syrup that comes into existence during the manufacture of biscuits. The said intermediate product sugar syrup is undisputedly classifiable under Chapter 17 of the First Schedule to the Central Excise Tariff Act, 1985. On perusal of the corrigendum to budget notifications which is reproduced by the appellant in his grounds of appeal, they find that the said corrigendum does indicate that the products fall under the Chapters 9 to 20 of the Central Excise Tariff Act, 1985 are included for the benefit of Notification No. 8/2006. Thus, they viewed that the first appellate authority needs to reconsider the issue in light of the said corrigendum to Notification No. 8/2006-C.E. Accordingly, without expressing any opinion on the merits of the case, keeping all the issues open, they set aside the impugned order and remand the matter back to the first appellate authority to reconsider the issue afresh after following the principles of natural justice.
 
Decision:- The appeal was allowed by way of remand.
 
 
 
Comment:-The analogy that is drawn from this case is that the intermediate product sugar syrup is undisputedly classifiable under Chapter 17 of the First Schedule to the Central Excise Tariff Act, 1985. The corrigendum to budget notifications also indicates that the products fall under the Chapters 9 to 20 of the Central Excise Tariff Act, 1985 are included for the benefit of Notification No. 8/2006. Hence, the said intermediate products are eligible for the exemption.
Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com