1996 (10) TMI 318 - AT - Central Excise

Summary

Issues: Interpretation of Notification No. 40/87 regarding admissibility of processing loss for credit of money on oils used in soap manufacture.

Detailed Analysis:

1. The appeal was filed by M/s. Oswal Agro Mills Ltd. against the order of the ld. Collector (Appeals) regarding the admissibility of processing loss under Notification No. 40/87. The ld. Collector upheld the Asstt. Collector's decision disallowing credit of money amounting to Rs. 1,04,370 due to processing loss during hydrolyzation. The department contended that credit should only be taken on the quantity of oil after hydrolyzation, not on the raw oil issued for processing. A show cause notice was issued, and the Asstt. Collector ordered the recovery of the amount under C. Ex. Rules, 1944.

2. The appellant argued that Notification No. 40/87 allowed money credit on the quantity of oils issued for hydrolysis, contrary to the department's interpretation. Referring to a previous Tribunal case involving Notification No. 45/89, the appellant contended that the weight of oil issued for hydrolyzation should be eligible for money credit, not just the post-hydrolysis quantity. The ld. Advocate relied on the Tribunal's decision in the Wipro Ltd. case to support this argument.

3. The ld. DR supported the lower authorities' findings, emphasizing the department's stance on admissibility of credit only on post-hydrolysis oil quantity.

4. Upon review, the Tribunal examined Notification No. 40/87, which specified conditions for granting credit on oils used in soap manufacture. The Tribunal noted the language of the notification and the conditions regarding the process of hydrolyzation and saponification. The Tribunal compared the language of Notification No. 40/87 with that of Notification No. 45/89 and found similarities, leading to the application of the Wipro Ltd. case's ratio. Consequently, the Tribunal ruled in favor of the appellant, allowing the appeal and setting aside the impugned order.

In conclusion, the Tribunal's decision clarified the interpretation of Notification No. 40/87, affirming that the weight of oil issued for hydrolyzation is admissible for money credit, aligning with the principles established in previous cases.