1990 (8) TMI 238 - AT - Central Excise

Summary

Issues:
1. Classification of "low FFA oil" as excisable product or waste product.
2. Eligibility of entire quantity of low FFA oil for exemption under Notification 118/75.
3. Applicability of Notification 115/75 granting exemption to products manufactured in specific industries.

Analysis:

Issue 1:
The case involved determining whether "low FFA oil" is a waste product or excisable. The manufacturing process revealed that low FFA oil is obtained as a by-product during the manufacture of distilled fatty acid. The Chemical Examiner opined that low FFA oil is a new product different from the starting raw material, thus properly classifiable under T.I. 68. The extended period of limitation was invoked due to the appellants' suppression in not filing classification lists for the product.

Issue 2:
Regarding the exemption under Notification 118/75, the Assistant Collector allowed the benefit for a specific quantity used in the factory for further processing. However, the appellants failed to prove that the remaining quantity was intended for use in the factory, as it was simply added to the closing stock without further processing. The Assistant Collector's detailed reasoning was not effectively challenged by the appellants, leading to the denial of the exemption for the unprocessed quantity.

Issue 3:
The eligibility for exemption under Notification 115/75 was analyzed, which exempts goods falling under T.I. 68 and manufactured in specific industries. Since the low FFA oil fell under T.I. 68 and was produced in a factory covered by the oil mill and solvent extraction industry, it was deemed eligible for the exemption under Notification 115/75.

In conclusion, the appellate tribunal held that the low FFA oil manufactured by the appellants should be classified under T.I. 68 and is exempt from excise duty as per the provisions of Notification 115/75. The appeal was allowed based on these findings, affirming the classification and exemption eligibility of the low FFA oil.