2003 (9) TMI 213 - AT - Central Excise

Summary

Issues:
1. Availability of benefit under Notification No. 75/84-C.E. for Naphtha procured under Chapter X Procedure.

Analysis:
In the case involving two appeals filed by M/s. National Fertilizers Ltd., the central issue revolved around determining whether the company was entitled to the benefit of Notification No. 75/84-C.E. for the Naphtha they procured under Chapter X Procedure. The appellants argued that they procured Naphtha at a concessional rate of duty for manufacturing fertilizer and ammonia, as specified in the Notification. They contended that subsequent Notifications further exempted Naphtha from duty if used in the manufacture of fertilizer or ammonia. The appellants claimed that the Naphtha procured was indeed utilized in the production of ammonia, which was then used for manufacturing urea, fertilizer, and calcium ammonium nitrate. However, the Commissioner, in the impugned orders, upheld duty payment on the basis that the Naphtha was used in manufacturing intermediate products - nitric acid and ammonium nitrate - which were sold externally. The appellants referenced a precedent, Gujarat State Fertilizers Co. v. CCE, to support their position. On the contrary, the Senior Departmental Representative (S.D.R.) argued that since the Naphtha was not used in the production of the intended product, the Notification's benefit should not apply. The Commissioner differentiated the present case from the Gujarat State Fertilizers Co. case, emphasizing that industrial products manufactured from the Naphtha procured under the Notification were not derived from fertilizers or ammonia.

Upon reviewing the arguments presented by both parties, the Tribunal concluded that industrial products were indeed manufactured using the raw Naphtha procured under the Notification. As the Naphtha was utilized in the production of these other products, the Tribunal determined that the appellants were not eligible for the benefit of the Notification. Consequently, both appeals filed by M/s. National Fertilizers Ltd. were dismissed.