2021 (11) TMI 173 - AT - Central Excise

Exemption from excise duty or not - waste or not - fatty acids, wax and gum arising in the course of manufacture of refined vegetable oil - exemption Notification dated 18.05.1995 - HELD THAT - As the definition of excisable goods was amended by insertion of an Explanation in section 2(d) of the Excise Act w.e.f. 10.05.2008, the issue in Excise Appeal No. 21589 of 2014 was covered by the unamended section 2(d) of the Excise Act, while that in Excise Appeal No. 31049 of 2016 was covered by the amended provisions of section 2(d) of the Excise Act. In the present five appeals, the period involved is both prior to the amendment made in the definition of excisable goods and after the amendment on 10.05.2008 - the benefit of the Notification dated 18.5.1995 would, therefore, be available to the Appellant. The impugned orders have denied the benefit of this Notification and have confirmed the demand of duty on clearance of soap muddy/ third grade oil/wax. Appeal allowed.

Summary

Issues Involved:
Whether fatty acids, wax, and gum arising in the course of manufacturing refined vegetable oil are to be treated as "waste" for the purpose of exemption Notification dated 18.05.1995 and would be exempted from duty under this Notification.

Analysis:

1. Period Involved in Excise Appeals:
The appeals cover different periods ranging from September 2006 to December 2015. The issue was referred to a Larger Bench of the Tribunal in specific appeals to determine the treatment of fatty acids, wax, and gum as waste for exemption purposes.

2. Amendment in Definition of "Excisable Goods":
The definition of "excisable goods" was amended by inserting an "Explanation" in section 2(d) of the Excise Act on 10.05.2008. The appeals under consideration fall under both the unamended and amended provisions of section 2(d) of the Excise Act.

3. Definition of "Manufacture" and "Excisable Goods":
The Excise Act defines "excisable goods" and "manufacture" in sections 2(d) and 2(f) respectively. The process of manufacturing refined vegetable oil involves removing unwanted materials, leading to the production of gums, waxes, and fatty acids, which are not considered manufactured goods.

4. Precedent and Interpretation by Larger Bench:
A Larger Bench of the Tribunal previously examined similar issues in Ricela Health Foods Ltd. v/s C.C.E., Chandigarh, Allahabad. It was established that the products in question could be considered waste and thus covered by the exemption Notification.

5. Decision of the Tribunal:
The Larger Bench concluded that the benefit of the Notification dated 18.5.1995 would be available to the Appellant. The impugned orders denying this benefit and confirming the duty demand on specific products were set aside, leading to the allowance of the five Excise Appeals.

6. Final Verdict:
The Tribunal ruled in favor of the Appellant, stating that the fatty acids, wax, and gum arising during the manufacture of refined vegetable oil are to be treated as waste for the purpose of exemption under the Notification dated 18.05.1995. The impugned orders denying the benefit of the Notification and confirming the duty demand were set aside, allowing the appeals in question.

This detailed analysis of the judgment addresses the issues involved, the legal framework, precedent, and the final decision rendered by the Tribunal, providing a comprehensive understanding of the case.