1998 (6) TMI 251 - AT - Central Excise

Summary

Issues: Applicability of Notification 115/75

Analysis:

1. The primary issue in the case before the Appellate Tribunal CEGAT, Mumbai was the applicability of Notification 115/75, which exempts certain products from duty if they are manufactured in factories covered by the oil mill and solvent extraction industry. The appellant's factory extracted oil from oil seeds by solvent extraction and refined such oils, resulting in the production of soapstock. The benefit of the notification was denied to this product.

2. The license issued to the appellant by the Directorate of Vanaspati Vegetable Oils and Fats indicated that the factory was installed with a solvent extraction plant and was obtaining the oil in question through this method. The denial of the notification's benefit was based on the argument that the process of obtaining soapstock by treating the solvent-extracted oil with caustic soda was not part of the oil mill or solvent extraction industry.

3. The appellant relied on various trade notices issued by the Department to support their case. Trade Notice 24/79 from the Guntur Collectorate clarified that soapstock obtained as a byproduct in the preparation of oil produced by milling or solvent extraction methods would be covered by the exemption. This was further extended to include acid oil obtained by treating soapstock with sulphuric acid, as per Kanpur Collectorate Trade Notice 10/82.

4. Despite some ambiguity in the trade notices, it was emphasized that the benefit of exemption should be available to soapstock. The Departmental Representative argued that the exemption would not apply if the factory undertakes processes beyond refining, such as in the case of making vanaspati. However, the Tribunal found that the trade notices did not negate the clear view regarding the eligibility of soapstock for the exemption.

5. The Tribunal concluded that the wording of the trade notices, along with the nature of processes undertaken in the factory, supported the inclusion of the factory within the oil mill or solvent extraction industry. Therefore, the benefit of the notification was extended to the appellant, and the impugned order denying the exemption was set aside.

6. In light of the above analysis, the appeals were allowed, and the appellant was granted consequential relief as per the judgment of the Appellate Tribunal CEGAT, Mumbai.