1993 (10) TMI 170 - AT - Central Excise

Summary

Issues:
1. Eligibility for exemption under Notification No. 115/75-C.E., dated 30-4-1975 for spent earth, soap stock, and acid oil obtained during the manufacture of vegetable products.

Detailed Analysis:

1. The main issue in this case was whether the by-products obtained during the manufacture of vegetable products, namely spent earth, soap stock, and acid oil, were eligible for exemption under Notification No. 115/75-C.E., dated 30-4-1975. The appellants had paid excise duty on these items under Item 68 of the Central Excise Tariff. They filed a claim for refund of duty paid on these items, which was partially granted by the Assistant Collector. However, the Collector (Appeals) set aside the Assistant Collector's order, stating that the appellants were not eligible for exemption under the notification as they were not an "Oil Mill" engaged in extracting oil from oil seeds.

2. The appellants argued that they were interested in pursuing the matter only in regard to acid oil. They cited a previous Tribunal order in favor of a similar case involving acid oil. The Tribunal had ruled in favor of the appellants in cases where acid oil was produced by units engaged in both extraction and refining of oil. However, the respondents contended that the appellants did not qualify as an "oil mill" since they procured oil from other parties and did not crush oil seeds in their factory.

3. The respondents highlighted that under Notification No. 115/75-C.E., dated 30-4-1975, goods falling under Item 68 of the Central Excise Tariff manufactured in factories specified in the notification were exempt from excise duty. They argued that the appellants could not be considered an "oil mill" as they did not crush oil seeds in their factory. The respondents distinguished the appellants' case from a previous case where the unit crushed oil seeds, making them eligible for the exemption.

4. The Tribunal examined the records and submissions from both sides. The crucial question was whether acid oil produced in the appellants' factory from vegetable oil procured from other parties qualified for exemption under Notification No. 115/75-C.E., dated 30-4-1975.

5. The Tribunal referred to the notification, which exempted goods manufactured in factories specified in the schedule, including the "Oil Mill and Solvent Extraction Industry." The Tribunal defined an "Oil Mill" as a grinding mill for expressing oil from seeds. Since the appellants did not extract oil through solvent extraction, they would only be eligible for the exemption if considered an "Oil Mill Industry." However, as the appellants were not involved in crushing oil seeds for oil extraction, they were deemed ineligible for the exemption.

6. The Tribunal rejected the appellants' claim, stating that the decision in a previous case cited by the appellants was not applicable as that unit was a composite unit involved in crushing oil seeds. Therefore, the order passed by the Collector (Appeals) was upheld, and the appeal was rejected.