- (1.) Being aggrieved and dissatisfied by the judgment and order dated 4-5-2000 passed by the Customs, Excise and Gold (Control) Appellate tribunal (hereinafter referred to as "the Tribunal") in Appeal No. E/r-171 of 1999, the Department has preferred this appeal.
(2.) The issue involved before the Tribunal was whether the assessee was entitled to the benefit of Notification No. 217/86-CE for burnt dolomite used in steel-making furnace for fettling banks and bottoms or not. The tribunal allowed the said appeal by relying upon its previous decisions as well as the decision rendered by the Calcutta High Court in Singh Alloys and steel Ltd. v. CCE.
(3.) It has been pointed out that while manufacturing steel, acidic oxides are formed. This acid is required to be neutralised, otherwise it affects the banks and bottoms of the furnace. For neutralising the acidic oxides which are formed, burnt dolomite is used. This burnt dolomite is used within the factory of production in relation to the manufacture of final product, namely, steel. Therefore, the Tribunal rightly arrived at the conclusion that the respondent is entitled to get the benefit of Exemption Notification No. 217/86-CE.;