1989 (9) TMI 228 - AT - Central Excise

Summary

Issues:
Classification of sulphuric acid used in silver Recovery Plant for duty exemption under Notification No. 217/86 - Manufacturing process analysis and technological necessity for the floatation process - Applicability of the benefit of Notification No. 217/86 to the appellants - Lack of discussion on the classification list for the period 1-4-1984 to 1-4-1986 in the impugned order.

Analysis:
The case involved the classification of sulphuric acid used in a silver Recovery Plant for duty exemption under Notification No. 217/86. The appellants filed two classification lists - one for the period 1-4-1984 to 1-4-1986 and another effective from 2-4-1986. The dispute arose when the claim for exemption under the notification was not accepted for the second classification list on the grounds that the final product, silver, was chargeable to nil rate of duty. The appellants argued that the manufacturing process was primarily aimed at maximizing the production of zinc, their main product, and the silver Recovery Plant was essential for this purpose.

The Tribunal analyzed the manufacturing process undertaken by the appellants, involving the recovery of zinc and silver from neutral leach residue through various stages, including floatation, roasting, leaching, and precipitation. The Department contended that the floatation process was a deviation from the normal process and primarily aimed at silver recovery, considering silver as the main product. However, the appellants rebutted this argument by citing the Kirk-O-thmer Encyclopedia of Chemical Technology, which supported the separation of lead and silver from the residue before zinc extraction.

After considering the arguments from both sides, the Tribunal concluded that the floatation process was a technological necessity to extract maximum zinc and prevent the loss of silver in the residue. Therefore, it was held that the benefit of Notification No. 217/86 should be made available to the appellants from the date of filing the classification list. The Tribunal directed the Collector (Appeals) to pass a speaking order on the classification list for the period 1-4-1984 to 1-4-1986, as it was not adequately addressed in the impugned order.

In summary, the Tribunal allowed the benefit of duty exemption under Notification No. 217/86 to the appellants based on the technological necessity of the floatation process in maximizing zinc extraction. The case highlighted the importance of understanding the manufacturing process and its relation to duty classification for claiming exemptions.