1983 (1) TMI 258 - AT - Central Excise

Summary

Issues: Interpretation of Government Notification No. 52/78-C.E. dated 1-3-1978 for exemption from Central Excise duty on electricity used in specific areas of a refinery.

Analysis:
1. The case involved a revision application by an oil corporation challenging the interpretation of a government notification providing exemption from Central Excise duty on electricity used in specific areas of a refinery.

2. The notification required satisfaction that the electricity was produced by a generating station, industrial unit, or establishment and used within the same premises.

3. The appellants claimed exemption for electricity used in various areas of their refinery beyond the Central Excise licensed premises.

4. The Assistant Collector allowed exemption only for electricity within the licensed premises, leading to an appeal by the appellants.

5. The appellants argued that all mentioned premises were essential for refinery operations and cited a government notification recognizing these areas as part of the refinery.

6. The Senior Production Manager for the appellants admitted that only machinery was within the boundary wall but argued for exemption for other essential premises outside the wall.

7. The Respondent argued against exemption for certain areas like housing colonies, schools, hospitals, and marketing offices, stating they were not directly part of the industrial unit.

8. The Tribunal noted the distinction in the notification between a generating station or industrial unit and other establishments, emphasizing the need to interpret the exemption in relation to the industrial unit.

9. The Tribunal considered facilities eligible for exemption as those physically or functionally part of the industrial unit, not necessarily enclosed within the boundary wall.

10. Premises like townships, hospitals, and guest houses were deemed not part of the industrial unit and excluded from exemption.

11. Electricity used by outside contractors for specific operations outside the boundary wall was also excluded from exemption.

12. The Tribunal rejected the argument based on a government notification under the Official Secrets Act to determine exemption scope.

13. The Tribunal allowed exemption for electricity used in the marketing office, considering it essential like other approved areas outside the boundary wall.

14. Electricity used by outside contractors for maintenance within the factory area was deemed eligible for exemption based on the notification's wording.

15. The Tribunal modified the Appellate Collector's order, allowing exemption for electricity in the marketing office and by outside contractors for maintenance, while upholding other exclusions.