9911796707
TMI Blog1999 (2) TMI 174X X X X Extracts X X X X X X X X Extracts X X X X ..... vt. Ltd. 2. Briefly stated the facts are that M/s. Coir Cushions Pvt. Ltd. manufactured Coir product, such as rubberised coir mattresses, cushions, etc., from latex, coir fibre, accelerator and baking agents. They were manufacturing latex mix which was used captively by them without payment of central excise duty. This latex mix was sprayed on the coir fibre sheets which got rubberised by this process. The Collector Central Excise, under the impugned order, confirmed the demand of central excise duty amounting to Rs. 97,61,324/- and imposed penalty of Rs. 5 lakh on the appellant company and penalty of Rs. 25,000/- on Shri M.K. Agarwal, Managing Director of the appellant company, holding that latex mix was nothing but compounded rubber cla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ensing) Rules, 1958. He, further, submitted that irrespective of the classification of the product manufactured by many of the industries mentioned in the Schedule to the Notification, the benefit of exemption from payment of duty will be available as the notification grants exemption to all goods falling in the Tariff and manufactured in Coir Industry. He relied upon the decision in the case of Bombay Oil Industries Ltd. v. C.C.E., 1997 (91) E.L.T. 538 (S.C.) and C.C.E., Baroda v. M/s. Jayant Oil Mills, Order No. 36/98-C, dated 16-1-98. The Appellate Tribunal in Jayant Oil Mills case extended the benefit of Notification No. 115/75 in respect of goods such as Glycerol, Heptaldehyde, Zinc Undecylonate as these were manufactured in an oil mil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , dated 1-3-1975 as amended reads as under : In exercise of the power conferred by sub-rule (1) of Rule 8 of the Central Excise Rules, 1944, the Central Government hereby exempts goods (other than fixed vegetable oils of Heading No. 15.03; vegetable fats and oils of Heading 15.04) falling under the Schedule to the Central Excise Tariff Act, 1985 (5 of 1986), and manufactured in factories covered by any of the industries specified in the schedule hereto annexed, from the whole of the duty of excise leviable thereon. The Schedule 1. Coir Industry, 2. Cashew Industry, 3. Tanning Industry, 4. Oil Mill and Solvent Extraction Industry, 5. Rice Milling Industry." 6. It is apparent from the wordings of the Notification that all exc ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
