2001 (8) TMI 938 - AT - Central Excise

Summary

Issues:
1. Eligibility for refund of duty on explosives used in mining operations.
2. Interpretation of Notification No. 191/87-C.E. regarding exemption for explosives.

Issue 1: Eligibility for refund of duty on explosives used in mining operations:
The case involved a dispute over the eligibility of a claimant for a refund of duty paid on explosives used in mining operations for the extraction of zinc and lead ores. The Asstt. Commissioner initially denied the refund, stating that the mining operation and the subsequent manufacture of zinc and lead concentrates were separate processes. The Asstt. Commissioner also highlighted the lack of evidence to prove that the duty amount had not been passed on to others. However, the Commissioner (Appeals) later allowed the appeals, considering the explosives used in mining operations as eligible for the benefit of the exemption under Notification No. 191/87-C.E. The Revenue challenged this decision, citing a previous Tribunal decision regarding the distinction between mining activities and manufacturing processes.

Issue 2: Interpretation of Notification No. 191/87-C.E. regarding exemption for explosives:
The Tribunal referred to previous conflicting decisions on the matter. In the case of IDL Indus. Ltd. v. CCE, Bhubaneswar, it was held that explosives used in blasting mines were not eligible for the benefit of the exemption under Notification No. 191/87-C.E. However, in the case of CCE, Jaipur v. Hindusthan Zinc Ltd., a different view was taken, stating that explosives used in mines would be eligible for the exemption. Due to the contradictory decisions by different Tribunal Benches, the present Tribunal decided to refer the matter to a Larger Bench for resolution. The Tribunal directed the registry to place the case before the Hon'ble President for the constitution of a Larger Bench to address the dispute and provide clarity on the interpretation of the exemption notification.

In conclusion, the judgment addressed the eligibility of a claimant for a refund of duty on explosives used in mining operations and the interpretation of Notification No. 191/87-C.E. The Tribunal referred the matter to a Larger Bench due to conflicting decisions by different Benches, seeking a resolution to provide consistency and clarity in the application of the exemption provisions related to explosives used in mining activities.