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1985 (2) TMI 255 - AT - Central Excise
Issues: Classification of CBFS as LSFO under Notification No. 60/76-C.E.
Analysis: The judgment revolves around the classification of CBFS (Carbon Black Feed Stock) as Low Sulphur Fuel Oil (LSFO) under Notification No. 60/76-C.E. The Appellate Collector's Order deemed CBFS as LSFO, subjecting it to duty at a specific rate, which was contested by the Indian Oil Corporation. The Indian Oil Corporation argued that CBFS was not a fuel oil but a raw material used in an industrial process for manufacturing carbon black. They contended that the sulphur content of 0.5% was only relevant if the oil was used as a fuel oil, which was not the case. On the other hand, the department's counsel asserted that CBFS fell under Item 10 CET based on its physical tests, particularly its low sulphur content of about 0.5% or lower. Reference was made to industry standards specifying sulphur levels for fuel oils, with the lowest specified level being 0.5%, which was considered low. The crux of the issue was whether CBFS with a sulphur content of 0.5% could be classified as LSFO. The authorities relied on trade notices, industry standards, and the classification under Item 10-CET for furnace oil, which is considered a fuel oil. The department argued that the sulphur content of 0.5% in CBFS was indeed low compared to specified levels for fuel oils. Ultimately, the judgment favored the department's stance, emphasizing that CBFS, although not used as a fuel oil, fell under Item 10-CET, making it assessable as a fuel oil. The Court highlighted that assessments under Item 10 are based on specific specifications prescribed by law, and the sulphur content was a relevant factor for classification. As CBFS did not meet the sulphur content limit for preferential assessment, it was to be classified as LSFO and subjected to duty at a higher rate. In conclusion, the Appellate Collector's order was upheld, and the appeal by the Indian Oil Corporation was rejected, confirming the classification of CBFS as LSFO under the relevant notification.
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