2008 (4) TMI 611 - AT - Central Excise

Summary

Issues:
1. Disallowance of benefit of Notification No. 1/95-C.E. for HSD oil used in Forklift and captive power generation plant by a 100% EOU.
2. Interpretation of conditions under Notification No. 1/95-C.E. regarding approval for receiving fuel and consumables for captive power plants.
3. Entitlement of 100% EOU to procure material handling equipment without payment of duty.

Analysis:

1. The appellant, a 100% EOU, appealed against the disallowance of the benefit of Notification No. 1/95-C.E. for HSD oil used in a Forklift and captive power generation plant. The Revenue contended that the appellant lacked approval to receive HSD oil for the forklift, thus making the notification benefit unavailable for the oil used in the forklift.

2. The appellant argued that under the notification, they were entitled to receive material handling equipment like a forklift without duty payment. They highlighted that the requirement for approval from the Asstt. Commissioner or Dy. Commissioner was specific to fuel, lubricants, and consumables for captive power plants. Since the HSD oil was used in the forklift, considered a material handling equipment, they asserted that no additional permission was needed for receiving the oil under the notification.

3. The Tribunal examined the notification exempting payment of duty for capital goods and raw materials procured by a 100% EOU. Referring to the specific item in the notification regarding fuel, lubricants, and consumables for captive power plants, it was clarified that approval from the Asstt. Commissioner or Dy. Commissioner was necessary only for those items. As the HSD oil was utilized in the forklift for material handling purposes, it was concluded that no separate approval was required for receiving the oil. Consequently, the impugned order disallowing the benefit of the notification was set aside, and the appeal was allowed.