2008 (10) TMI 454 - AT - Central Excise

Summary

Issues: Appeal filed by Revenue challenging duty demand on fatty acid produced during job work basis for refined oil.

1. Facts and Background:
The case involves appeals filed by the Revenue regarding duty demands on fatty acid produced during the conversion of crude vegetable oil into refined oil by M/s. Balaji Oil Industries (P) Ltd on job work basis. The demands were related to the duty found to be due on fatty acid, a by-product in the process of refining of vegetable oil. The original authority had restricted the demand to a normal period, considering the awareness of the department about the job work undertaken by Balaji.

2. Decision of Commissioner (Appeals):
The Commissioner (Appeals) held that the duty liability on the production of refined vegetable oil and fatty acid should be discharged by Balaji and not by the appellants. He vacated the demand confirmed by the original authority, stating that the respondents were not liable to pay duty on fatty acid as they had already discharged duty on the refined vegetable oil.

3. Arguments and Grounds:
In the appeal filed by the Revenue, it was contended that the respondents had suppressed the production of fatty acid and evaded duty on it, warranting a larger period for invoking the demand. The Revenue argued that the duty due on fatty acid should be imposed on the respondents, despite their duty payments for refined oil.

4. Judgment and Conclusion:
After considering the submissions and case records, the Tribunal found no infirmity in the orders passed by the Commissioner (Appeals). The Tribunal dismissed the appeals filed by the Revenue, upholding the decision that the duty on fatty acid produced during job work basis for refined oil was not payable by the respondents, as they had already discharged duty on the refined vegetable oil.