1985 (2) TMI 153 - AT - Central Excise

Summary

Issues:
1. Interpretation of Central Excise Notifications 34/73 and 276/67 regarding exemption of excise duty on benzene used in manufacturing B.H.C. technical or pesticides.
2. Determining the correct notification applicable based on the source of benzene procured.
3. Whether B.H.C. technical qualifies as a pesticide under Notification No. 276/67.
4. Eligibility of M/s. Alkali & Chemicals Corporation for the exemption under Notification No. 276/67 and the refund of Central Excise duty on benzene.

Analysis:
1. The appeal involved a dispute over the applicability of Central Excise Notifications 34/73 and 276/67 on benzene used in manufacturing B.H.C. technical or pesticides. Notification 34/73 provided partial exemption for benzene used in B.H.C. technical, while Notification 276/67 granted full exemption for benzene used in pesticides. The Assistant Collector initially ruled in favor of Notification 34/73, citing B.H.C. technical specificity. However, the Appellate Collector disagreed, emphasizing the source of benzene from a declared refinery under Rule 140(2) for Notification 276/67.

2. The crux of the issue was determining the correct notification based on the source of benzene procurement. The appellants argued that both notifications applied depending on the benzene source: Notification 34/73 for petroleum refineries and Notification 276/67 for declared refineries. Evidence of benzene procurement from declared refineries was presented. The question revolved around whether B.H.C. technical qualified as a pesticide under Notification 276/67, considering the appellants' sale of both B.H.C. technical and its formulations.

3. The Tribunal analyzed the submissions and literature provided by both parties. It noted that B.H.C. technical had insecticidal properties and found various applications as pesticides. Contrary to the Assistant Collector's view, the Tribunal concluded that B.H.C. technical indeed fell under the definition of a pesticide as per Notification 276/67. Therefore, the subject benzene was deemed eligible for the benefit of full exemption under Notification 276/67.

4. In a separate judgment, it was clarified that only the manufacturers of benzene were entitled to claim the exemption under Notification 276/67, not the buyers like M/s. Alkali & Chemicals Corporation. The manufacturers were the sole beneficiaries eligible for the concession under the exemption notification. Consequently, M/s. Alkali & Chemicals Corporation was deemed ineligible for the concession and the refund of Central Excise duty on benzene, leading to the rejection of their appeal.

This detailed analysis highlights the nuanced interpretation of Central Excise Notifications and the eligibility criteria for exemptions, emphasizing the importance of the source of procurement and the specific nature of the products involved in determining applicability.