1997 (6) TMI 123 - AT - Central Excise

Summary

Issues: Interpretation of Notification No. 415/86-C.E. dated 15-5-1986 regarding synthesis gas supply to heavy water plant, compliance with conditions, Chapter X procedure adherence, and liability for gas consumption.

In this case, the Appellate Tribunal CEGAT, New Delhi, heard an appeal concerning the interpretation of Notification No. 415/86-C.E. dated 15-5-1986 related to the supply of synthesis gas to a heavy water plant. The issue revolved around whether the conditions of the notification were fulfilled by the respondents and if the Collector of Central Excise (Appeals) erred in allowing the benefit. The department argued that the conditions were not met, specifically regarding the quantity supplied and returned, and the adherence to the Chapter X procedure. The respondents contended that they complied with the notification requirements and that the gas was consumed in the heavy water plant during the manufacturing process. The department also raised concerns about the liability for any loss in gas quantity. The Tribunal noted that the gas was indeed consumed in the manufacturing process, not lost, and that the conditions of the notification, particularly clause (a) of proviso 1, were satisfied as the gas was used for heavy water production. The Tribunal upheld the Collector's decision, emphasizing that the respondents rightfully availed themselves of the notification's benefits.

Regarding the compliance with the Chapter X procedure, the respondents argued that they followed the required procedure as they held an L4 license, while the heavy water plant had an L6 license. They contended that any liability for gas loss should fall on the heavy water plant, not on them, as per the provisions of Chapter X. The Tribunal agreed with this argument and highlighted that the show cause notice should have been directed at the heavy water plant if there was any liability for gas loss. The Tribunal referenced the provisions of Chapter X and a previous Tribunal order to support this position. Ultimately, the Tribunal found that the gas consumption in the heavy water plant was not a loss but a necessary part of the manufacturing process, leading to the conclusion that the respondents were entitled to the benefit of the notification.

In conclusion, the Tribunal analyzed the contentions presented by both parties and determined that the respondents had fulfilled the conditions of Notification No. 415/86-C.E. dated 15-5-1986 by supplying synthesis gas for the manufacture of heavy water. The Tribunal clarified that the gas consumption in the manufacturing process did not constitute a loss as alleged by the department. Additionally, the Tribunal affirmed that the respondents adhered to the Chapter X procedure and that any liability for gas loss should be attributed to the heavy water plant, not the respondents. Therefore, the Tribunal upheld the Collector's decision, ruling in favor of the respondents and confirming their entitlement to the notification's benefits.