1990 (5) TMI 210 - AT - Central Excise

Summary

Issues:
1. Denial of benefit of Notification No. 104/82 and No. 234/82 for Di-Calcium Phosphate.
2. Rejection of refund claim for the period 15-5-75 to 14-2-84.

Analysis:
1. The appeals involved the denial of exemption under Notification No. 104/82 and No. 234/82 for Di-Calcium Phosphate, classified under Tariff item 68. The Superintendent of Central Excise issued show cause notices, leading to the confirmation of demands by the Assistant Collector and subsequent rejection by the Collector (Appeals). The appellants argued for exemption based on the product's use as animal feed. The Tribunal considered previous rulings and held that Di-Calcium Phosphate could be classified as both animal feed and bone product, thus allowing the appeal and setting aside the demands.

2. The rejection of the refund claim for Rs. 6,50,565.69 was based on the absence of provisions for refund in the relevant notifications. The Collector (Appeals) also cited lack of appeal against product classification as a reason for rejection. The appellants contended that the product met animal feed grade standards and relied on various rulings supporting their claim. The Tribunal, referring to the Mahavir Spinning Mills case, clarified that the benefit of a notification extends to duty paid under protest. The matter was remanded to the Asstt. Collector for further consideration on the aspect of limitation regarding the refund claim.

Conclusion:
The Tribunal ruled in favor of the appellants, allowing the benefit of the notifications for Di-Calcium Phosphate and setting aside the demands raised in the show cause notices. The matter of the refund claim was remanded for consideration of the eligibility for refund on duty paid under protest, emphasizing the applicability of notification benefits even to duty paid situations.