INDIAN OIL CORPORATION LIMITED Vs. COLLECTOR OF CENTRAL EXCISE
LAWS(SC)-2006-8-131
SUPREME COURT OF INDIA
Decided on August 02,2006

INDIAN OIL CORPORATION LIMITED Appellant
VERSUS
COLLECTOR OF CENTRAL EXCISE Respondents


Referred Judgements :-

UNION OF INDIA V. KAUMUDINI NARAYAN DALAL [REFERRED TO]
BIRLA CORPORATION LTD VS. COMMISSIONER OF CENTRAL EXCISE [REFERRED TO]
JAYASWALS NECO LIMITED VS. COMMISSIONER OF CENTRAL EXCISE [REFERRED TO]



Cited Judgements :-

PEEKEY RE ROLLING MILLS PVT LTD VS. SECRETARY TO GOVERNMENT [LAWS(KER)-2011-3-28] [REFERRED TO]
MANYATA PROMOTERS PRIVATE LIMITED VS. STATE OF KARNATAKA [LAWS(ST)-2014-1-4] [REFERRED TO]
UNION OF INDIA VS. ASSOCIATION OF UNIFIED TELECOM SERVICE PROVIDERS OF INDIA [LAWS(SC)-2011-10-17] [REFERRED TO]
SHIVA TAXFABS LIMITED VS. UNION OF INDIA [LAWS(DLH)-2011-9-372] [REFERRED TO]
HINDUSTAN UNILEVER LTD VS. CENTRAL BOARD OF EXCISE AND CUSTOMS [LAWS(CAL)-2011-4-92] [REFERRED TO]


JUDGEMENT

- (1.)THIS order shall dispose of two sets of appeals. Civil Appeals Nos. 7450-51 of 2000 filed by the assessee, M/s Indian Oil Corporation Ltd. against the final order passed by the Customs, Excise and Gold (Control) Appellate Tribunal, New Delhi (for short "the Tribunal") in Appeals Nos. E/4768 of 1991-C and E/6108 of 1992-C whereby the Tribunal accepted the appeals filed by the respondent Collector of Central Excise, Baroda and held that the assessee would not be entitled to avail of the benefit granted under Entry 34 of Exemption Notification No. 75/84-CE dated 1-3-1984 (as amended) issued by the Central Government. Period for which exemption is sought in these appeals falls between 1-8-1989 to 31-5-1991.
(2.)CIVIL Appeals Nos. 9919-29 of 2003 have been filed by the Commissioner of Central Excise, Vadodara against the final order passed by the Customs, Excise and Gold (Control) Appellate Tribunal, New Delhi (for short "the Tribunal") in Appeals Nos. E/254-57, 282-83, 320 and 2091 of 1998-C, E/2752 of 2000-C, E/274 of 2000-C and E/410 of 2000-C wherein and whereby the Tribunal has granted the benefit of Notification No. 67/95 which was operative between 16-3-1995 to 31-7-1996, Notification No. 8/96 operative for the period 1-8-1996 to 1-3-1997 and Notification No. 4/97 dated 1-3-1997 which is still in operation. It may be mentioned that Notifications Nos. 67/95, 8/96 and 4/97 in substance extend the same benefit which has been extended to the assessees under Notification No. 75/84. Period for which exemption is sought in these appeals falls between January 1996 to September 1999.
M/s Indian Oil Corporation, hereinafter referred to as "the assessee" is engaged in the refining of crude petroleum which leads to the manufacture of various petroleum products. It produces reduced crude oil (RCO) or low sulphur heavy stock (LSHS) which are captively consumed by the assessee in the thermal power plant located within the refinery area for generation of electricity which electricity in turn is largely used in the refinery for producing various petroleum products. The assessee claimed exemption for RCO/LSHS which had been captively consumed based on exemption notifications issued from time to time.

(3.)SHOW -cause notices were issued to the assessee for the period 1-8-1989 to 31-5-1991 calling upon it to show cause why the duty demand be not raised on LSHS and as to why their claim for exemption be not denied on the ground that clearance of LSHS to other associate agencies such as Gujarat Electricity Board, ONGC, State Bank of India, P&T Exchange and Post Office on nil rate of duty under Notification No. 75/84 was illegal and not admissible. According to the Department, Condition 4 of the notification was not fulfilled since fuel captively consumed was for production of electrical energy not for sale but for their own consumption or for supply of their own undertaking for which there is no execution of duty on such fuel used for generation of electricity.


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