2018 (4) TMI 99 - AT - Central Excise

Excisability - Conversion of imported oil into edible oil - Revenue entertained a view that the respondent s final product is refined vegetable oil inasmuch as all the processes laid down under the Prevention of Food Adulteration Act, 1954 stands adopted by them - Held that - the appellate authority s reliance on the laboratory test report conducted by Revenue itself at the time of import of the goods is appropriate. As far the said report, the imported oil can never be converted into edible oil and the said report defaces the Revenue s entire stand - Revenue in their memo of appeal has not advanced any arguments to rebut the above findings of Commissioner (Appeals) - appeal dismissed - decided against Revenue.

Summary

Issues Involved:
- Classification of the product as refined vegetable oil
- Burden of proof on the revenue to establish excisability
- Reliance on technical reports and laboratory tests
- Discharge of burden of proof by the revenue

Classification of the product as refined vegetable oil:
The case revolved around the classification of the product manufactured by the respondent as refined vegetable oil. The Revenue alleged that the oil cleared by the appellant was refined vegetable oil based on the processes adopted during manufacturing. The Commissioner (Appeals) analyzed the definition of "Refined Vegetable Oil" under the Prevention of Food Adulteration Rules, emphasizing the acid value requirement not exceeding 0.55% by weight. The Commissioner noted discrepancies in the adjudicating authority's findings, highlighting the lack of specific acid value testing and absence of samples drawn by the Revenue to ascertain compliance with standards. The Commissioner also considered technical reports and lab tests indicating that the imported oil could not be converted into edible oil, supporting the appellant's claim that they did not manufacture refined vegetable oil.

Burden of proof on the revenue to establish excisability:
The Commissioner emphasized the legal principle that the burden of proof to establish excisability lies with the Revenue, citing relevant case law. The Commissioner noted that the Revenue failed to obtain samples of the product or inspect the appellant's factory to verify the manufacturing process. Additionally, the Commissioner highlighted the lack of evidence showing the appellant's facility could maintain the required temperature for converting the imported oil into edible oil. The Commissioner concluded that the Revenue did not discharge its burden of proof, leading to the rejection of the demand for duty and penalties imposed on the appellant.

Reliance on technical reports and laboratory tests:
The Commissioner relied on technical reports and laboratory tests to support the appellant's claim that they did not manufacture refined vegetable oil. The Commissioner considered a technical opinion stating the appellant's plant lacked the necessary equipment to produce edible oil, further reinforcing the appellant's position. Additionally, the Commissioner highlighted the significance of the laboratory test report conducted by Revenue itself during the import of goods, which indicated that the imported oil could not be converted into edible oil. The reliance on these reports played a crucial role in the Commissioner's decision to reject the Revenue's appeal.

Discharge of burden of proof by the revenue:
The Commissioner concluded that the Revenue failed to discharge its burden of proof in establishing that the appellant's product was refined vegetable oil. The Commissioner pointed out the lack of specific testing, inspection, and evidence supporting the Revenue's claim. The Commissioner highlighted the importance of technical reports and laboratory tests, which contradicted the Revenue's stance. Ultimately, the Commissioner found no legal merit in considering the appellant's product as refined vegetable oil, leading to the rejection of the Revenue's appeal in line with established legal principles.

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