2001 (5) TMI 231 - AT - Central Excise

Summary

Issues:
1. Interpretation of Notification No. 191/87-C.E. for duty concession eligibility.
2. Determination of whether explosives used in mining are eligible for duty concession.
3. Application of the decision in CCE v. Hindustan Zinc Limited to the present case.

Issue 1: Interpretation of Notification No. 191/87-C.E. for duty concession eligibility
The case involved a petition to decide if the benefit of Notification No. 191/87-C.E. would apply to a unit manufacturing explosives used in another unit engaged in mining copper ore. M/s. I.B.P. Company Limited, manufacturing explosives for M/s. Hindustan Copper Limited, claimed a refund under the notification. The Assistant Commissioner initially denied the refund, stating that explosives used in mining, not manufacturing, were ineligible. However, the Commissioner (Appeals) accepted the claim, linking the explosives to the manufacture of copper concentrates. The Revenue appealed this decision.

Issue 2: Determination of whether explosives used in mining are eligible for duty concession
The Revenue contended that the explosives were used in mining copper ore, away from the factory producing copper concentrates, thus not directly related to the concession under Notification No. 191/87-C.E. On the other hand, the Respondent argued that the explosives were integral to the manufacture of copper concentrates since copper concentrates are derived from copper ore, making the explosives part of the manufacturing process. Citing a previous Tribunal decision, the Respondent asserted that explosives used in mining activities could be considered as used in the manufacture of concentrates, hence eligible for the duty concession.

Issue 3: Application of the decision in CCE v. Hindustan Zinc Limited
After considering both arguments, the Tribunal found that the prepared explosives were indeed used by M/s. Hindustan Copper Limited in relation to the manufacture of copper concentrates. The Tribunal emphasized the close connection between mining copper ore and preparing copper concentrates, stating that the mining activity was integral to the manufacturing process. Referring to the precedent set in CCE v. Hindustan Zinc Limited, where explosives used in mines were deemed eligible for duty concession, the Tribunal upheld the lower appellate authority's decision, granting the benefit of Notification No. 191/87-C.E. to M/s. I.B.P. Company Limited. Consequently, the Revenue's appeal was dismissed.