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TMI Blog1985 (2) TMI 255X X X X Extracts X X X X X X X X Extracts X X X X ..... llector s Order No. 7/ASM/82 dated 25-1-1982 held that the CBFS was a LSFO liable to duty under Notification No. 60/76-C.E., dated 16-3-1976 (amended by Notification No. 343/77-C.E., dated 16-12-77) at ₹ 138.75 kl. This, the Indian Oil Corporation say, was wrong. 2. Their oil was supplied as feed stock to M/s. Philips for the manufacture of carbon black. It was not a fuel oil and calling ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ur fuel oil, but the main burden of his argument was that their oil should not be classed a low sulphur fuel oil because it was not a fuel oil and was not used as a fuel oil, as they can prove. 4. The learned Counsel for the department said, the oil may not have been used as a fuel oil but it fell under Item 10-CET in accordance with its physical tests. Its sulphur content was only about 0.5% o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the dividing line. They also drew support from the IS which shows requirements of sulphur of 3.5% for LV grade fuel oil, 4% for MV grade fuel oil and 4.5% for HV grade fuel oil. The oil refinery argued that their oil was not a fuel oil, and so cannot be disqualified on a quality prescribed for fuel oils. 6. The difficulty with this argument is that a furnace oil, assessable under Item 10-CET i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ith other fuel oils standards specified by IS also show that level to be low. The lowest sulphur level specified by IS for fuel oil is 3.5%. If 0.5% of sulphur level is not low, it is difficult to see what is M/s. Indian Oil Corporation s rejection of the sulphur content as irrelevant is not a correct understanding. The oil is assessable under Item 10 and such assessments are made only on certain ..... X X X X Extracts X X X X X X X X Extracts X X X X
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