1999 (7) TMI 212 - AT - Central Excise

Summary

Issues:
1. Entitlement to benefit of Notification 262/86 regarding fixed vegetable oil manufacturing.

Analysis:
The appeal before the Appellate Tribunal CEGAT, MUMBAI revolved around the entitlement of the appellant to the benefit of Notification 262/86 concerning fixed vegetable oil manufacturing. The notification exempted fixed vegetable oil falling under sub-heading 1503.10 of the Tariff duty under specific conditions. These conditions included the requirement that the processed fixed vegetable oil must be manufactured from extract obtained through the solvent extraction method, maintenance of specified records by the manufacturer, and the production of a certificate from an authorized officer confirming the extraction method. The impugned order by the Collector (Appeals) denied the benefit of the notification to the appellant on the grounds that the oil was not shown to be obtained through the solvent method.

The appellant had presented a certificate from the Directorate of Vanaspati, Vegetable Oils and Fats, Ministry of Food and Civil Supplies, indicating the manufacture of a specific quantity of processed fixed vegetable oil through the solvent extraction method. However, the Assistant Collector contended that the raw material used was imported unprocessed oil, suggesting that the notification did not apply to processed oil manufactured from imported unprocessed oil. The Tribunal disagreed with this interpretation, emphasizing that the notification did not differentiate between imported or domestically manufactured unprocessed oil. Additionally, the Tribunal highlighted that the Assistant Collector's view lacked a legal basis and referenced established law that restricts interpretations beyond the plain language of notifications.

The Collector (Appeals) had also noted the absence of evidence confirming the use of solvent extraction method for manufacturing the unprocessed oil. However, a certificate from the Directorate of Vanaspati, Vegetable Oils and Fats had indeed been presented before the Assistant Collector, which was overlooked by the Collector (Appeals). The Tribunal acknowledged that the appellant had met the notification requirements in principle but raised concerns about the specific source of the processed oil claimed for the rebate. Consequently, the Tribunal allowed the appeal, overturning the impugned order and instructing the Assistant Commissioner to evaluate the eligibility for a refund in accordance with the law, considering the Tribunal's findings and the evidence presented during the proceedings.