Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  Missing seized records must be considered while testing ITC claim; duplicate GST demands ordered corrected: Delhi High Court. *  GST appeal can’t be rejected without addressing taxpayer’s grounds: Allahabad High Court. *  Surplus IGST credit can offset CGST, SGST shortfall: GSTAT. *  GST refund can’t be denied when cancelled airfares are returned with tax: GSTAT. *  3 Hearing notices issued within 2 minutes: Gujarat High Court flags portal flaw, seeks report. *  GSTR-9, GSTR-9C filing for FY 2025-26 enabled; pending GSTR-1 and GSTR-3B must be filed first. *  Dupattas are exempt fabrics, can’t be taxed as fibres at 4%: Madras High Court. *  Full transitional credit allowed on capital goods received after GST rollout: GSTAT denies Rs. 6.99 lakh export duty credit. *  GST return mismatch alone can’t justify fraud proceedings: GSTAT orders fresh adjudication under section 73. *  Supplier found non-existent later can’t alone justify input tax credit denial: GSTAT. *  GST interest stops once tax reaches government account, can’t run until return filing: GSTAT. *  Cancelled flat booking- GST refund can’t be denied without excluding COVID period from limitation: GSTAT. *  India notifies rules of origin for India–New Zealand FTA. *  Incomplete E-bike kits classifiable as complete vehicles, but not eligible for CKD duty concession: CESTAT. *  Same GST rate on main input and output can’t by itself bar inverted duty refund: GSTAT. *  Unjust enrichment doesn’t apply to customs refunds from assessments finalised before July 13, 2006: Gujarat High Court. *  CENVAT credit can’t be denied solely because plant And machinery are embedded in earth: Karnataka High Court. *  DFIA exports ineligible for RoDTEP benefits; customs directs repayment with applicable interest. *  Second E-Way bill alone doesn’t prove another supply: GSTAT. *  Bail denied in Rs. 1.19 crore fake GST refund case over risk of accused absconding again: Punjab and Haryana High Court. *  GST registration can be restored after revocation deadline if outstanding dues are paid: Gauhati High Court. *  Multiple GST proceedings over same suppliers: Calcutta High Court directs dept. to share findings for adjudication. *  E-Governance portal services not OIDAR, fixed deposit interest not taxable: CESTAT. *  Rs. 500 Stamp duty required on authority letters for CAs, CMA and GST practitioners in Pune GST division.  *  Rs. 1.10 crore GST refund must be paid in cash after business closure: Allahabad High Court. *  Godown rent attracts 18% GST even when used exclusively for exempt agricultural warehousing: AAR. *  GST portal launches "Multi-State Registration" facility: one master TRN for registration applications across multiple States/UTs. *  RoDTEP scheme extended till 31st December, 2026.  *  Mere disagreement with order can’t override Rs. 20 lakh appeal limit: GSTAT. *  Customs interest can’t be backdated before confiscation liability is determined; nearly 8 year period excluded: Delhi High Court.
Subject News *  GST summons: anticipatory bail maintainable without arrest order, but relief denied in evasion case: Allahabad High Court. *  GST Appeal can’t be decided without hearing taxpayer’s objections to fresh evidence: Allahabad High Court. *  GST ITC can’t be reversed merely because supplier grants discount without reducing tax liability: GSTAT. *  Mere quoting of GST provision is not a valid charge: GSTAT quashes ITC denial. *  Personal hearing mandatory before adverse GST order, even without taxpayer’s request: Rajasthan High Court. *  Parallel bail pleas without full disclosure amount to abuse of process Rs. 43.08 crore GST case sent for fresh hearing: Supreme Court. *  GST refund based on unchallenged advance ruling can’t be recovered using later circular: GSTAT. *  Payment of GST alone doesn’t end interest and penalty liability when tax and interest remain unpaid beyond 30 days of notice: GSTAT. *  GST demand over builders’ 80% procurement rule requires reasoned adjudication: GSTAT. *  Eligible ITC doesn’t automatically entitle taxpayers to compensation cess refund on domestic sales: GSTAT. *  GST confiscation order passed before reply deadline invalid: GSTAT. *  GST interest can’t be retained after tax refund on delayed export receipts: Punjab & Haryana High Court. *  GST appeal can’t be dismissed over pre-deposit shortfall without opportunity To respond: Bombay High Court. *  DGGI SCN can’t be challenged before reply and adjudication:Chhattisgarh High Court. *  GST input tax credit can’t be denied solely due to supplier’s retrospective registration cancellation: GSTAT. *  GST notice must explain fraud allegations; merely repeating section 74 Is not enough:  Himachal Pradesh High Court. *  Audit detection alone can’t justify GST fraud penalty; specific suppression must be proved: GSTAT. *  GST order uploaded only under ‘Additional Notices’ tab without separate intimation set aside: Calcutta High Court. *  Service Tax appeal can’t be rejected for missing pre-deposit proof when payment is already recorded: CESTAT. *  SGST dept. can’t hear appeal against CGST order: Calcutta High Court. *  Mere dispatch of tax order can’t prove service or make appeal time-barred: CESTAT. *  Dealer incentives can’t be taxed merely on ledger entries: CESTAT. *  DGFT orders quashed for failure to supply DRI letter relied upon in SCN: Bombay High Court. *  GST penalty u/s 122(1A) can’t apply to Pre-2021 transactions; unregistered beneficiaries also covered: Delhi High Court. *  Expired E-way bill caused by wrong PIN code can’t justify GST penalty without intent to evade tax: GSTAT. *  Used railway rails can’t be taxed as track material without proof they are fit for reuse: CESTAT. *  Earlier DGGI notice doesn’t bar separate GST demand on different issue: Delhi High Court. *  ITC dispute involves no question of law: GSTAT directs appeal to Vice-President. *  Earlier DGGI notice doesn’t bar separate GST demand On different issue: Delhi High Court. *  No E-way bill required for interstate goods movement in november 2017: GSTAT quashes detention and penalty.  

Comments

Print   |    |  Comment

PJ/CASE LAW/2016-17/3047

Availability of exemption under Notification No. 115/75-C.E. to the assessee carrying on processes of extraction of crude oil and refining it after amalgamation of factories in 2002
Case GODAVARI EDIBLE BRAN OIL LTD. Vs C.C.E., S.T. & C., VISAKHAPATNAM-II
Citation: 2015 (325) E.L.T. 894 (Tri. - Bang.)
Issue:Availability of exemption under Notification No. 115/75-C.E. to the assessee carrying on processes of extraction of crude oil and refining it after amalgamation of factories in 2002
Brief Facts: The appellant is engaged in the manufacturing of refined rice bran oil falling under Chapter 15 of the Schedule to the Central Excise Tariff Act, 1985. Even though the impugned order was passed against M/s. R.R. Refineries Ltd. (RRRL for short), since RRRL has been amalgamated with the appellant, the appellants are pursuing the matter before the court. Before amalgamation, the appellant in their factory premises were crushing oil seeds/extracting crude oil from the seeds. Since during the year 2000, appellants had no facilities to refine the crude oil so extracted, they got it done by RRRL situated adjacent to their premises. RRRL undertook conversion of crude rice bran oil to refined rice bran oil on job work basis under the supervision and control of the appellant and the finished products were cleared from the premises of RRRL to the appellants’ customers. When the contract was entered into, there was no duty on refined oil. Investigations commenced in May, 2004. As a result of which, proceedings were initiated which has culminated in confirmation of demand for Central Excise duty of Rs. 1,40,97,966/- for the period from June, 2001 to February, 2006. Penalty under Section 11AC also was imposed.
In the impugned order, it has been held that the prescribed procedure under Notification No. 214/86 was not followed and therefore, RRRL or the appellant is liable to pay duty. The Commissioner also considered the appellant’s claim for the benefit of Notification No. 115/75 as amended which exempts goods manufactured in a factory coming under the category of oil mill or solvent extraction industry on the ground that the factories involved in refining and extracting crude oil are separate and to get the benefit of exemption, entire activity has to be in one factory.
Appellant’s Contention: The learned counsel for the appellants submitted that appellants are entitled to the benefit of Notification No. 115/75-C.E. and relies upon decision in the case of Bombay Oil Industries Ltd. v. CCE [1997 (91)E.L.T. 538 (S.C.)] to submit that they are eligible for the benefit of Notification No. 115/75.
Reasoning of Judgement: Notification No. 115/75 as amended exempts goods manufactured in oil mill and solvent extraction industry. The Hon’ble Supreme Court after considering the submissions in Paragraph 3 observed as follows :-
“3. The said notification exempts goods manufactured in factories covered by the industries specified in the Schedule. Item 4 of the Schedule specifies the oil mill and solvent extraction industry. It may be that ordinarily an industry of this nature would have both an oil mill and a solvent extraction plant both of which manufacture vegetable oils, but that is no reason, in our view, to place upon the plain words of the notification a narrower meaning than that to which they plainly lend themselves. The notification exempts goods manufactured in factories of the oil mill and the solvent extraction industry. The appellants goods are goods manufactured in a solvent extraction plant and must, on the plain words of the notification, receive the benefit of the exemption that it confers”
In the present case, exemption has been denied on the ground that before amalgamation or after amalgamation of RRRL and the appellant, the two factories were separate. One factory extracted oil and the other factory refined it. After 2002 after amalgamation, the two factories belonged to the same appellant.
The Tribunal had also referred the decision of the Tribunal in the case of A.P. Solvex Ltd. v. CCE [2005 (192)E.L.T. 292 (Tri. - Del.)] to come to the conclusion. The decisions referred to above clearly show that the factories which are engaged in extracting crude oil or refining the same would be covered by the term “oil mill and solvent extraction industry”. The decisions also support the claim that even if a factory is engaged only in refining, it would be still covered by the terms used in the notification. That being the position, the appellant is clearly eligible for the benefit of Notification No. 115/75-C.E. as amended. It has to be noted that the decisions applied to the situation prior to amalgamation as well as after amalgamation. This is because in the case of Prakash Solvex (supra), the Tribunal was dealing with a case where only refining was undertaken.
Since, they have decided the issue in favour of the appellants on merits, the appeal is allowed with consequential relief.
Decision: Appeal Allowed
Comment: The gist of the case is that the Notification No. 115/75-C.E. exempts goods manufactured in oil mill and solvent extraction industry - Benefit of said notification available to assessee carrying on processes of extraction of crude oil and refining it after amalgamation of factories in 2002 - Section 11A of Central Excise Act, 1944. [paras 6, 7]
Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com