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of <h1>Tribunal Upholds Respondents' Benefit under Notification No. 115/75</h1> <h3>COMMISSIONER OF CENTRAL EXCISE, TIRUPATHI Versus ITC AGRO TECH FOODS LTD.</h3> COMMISSIONER OF CENTRAL EXCISE, TIRUPATHI Versus ITC AGRO TECH FOODS LTD. - 2006 (198) E.L.T. 264 (Tri. - Bang.) Issues Involved:Entitlement for the benefit of Notification No. 115/75 regarding goods cleared by Respondents, rejection of refund claim by Jurisdictional Assistant Commissioner, appeal before Commissioner (Appeals), grounds of appeal by Revenue against Commissioner's order.Analysis:1. Entitlement for Notification Benefit:The issue in this case revolves around the entitlement of the Respondents for the benefit of Notification No. 115/75 for goods cleared during a specific period. The Respondents established a plant for crushing oil seeds and refining vegetable oils. They paid duty under protest and filed a refund claim, which was rejected by the Jurisdictional Assistant Commissioner. The Commissioner (Appeals) later ordered the grant of refund, leading to the Revenue's appeal. The main contention was whether the exemption under the notification applied to the goods manufactured by the Respondents.2. Grounds of Appeal by Revenue:The Revenue raised specific grounds against the Commissioner's order. Firstly, they argued that the Commissioner failed to consider various reasons verified by the authority in determining the eligibility of the goods for the notification benefit. Secondly, the Revenue contended that the exemption under Notification No. 115/75 applied only to goods manufactured in Oil Mill and Solvent Extraction Industry, not in downstream industries like refineries. As a significant portion of the oil produced by the Respondents came from outside sources, they were not entitled to the exemption according to a previous CEGAT decision.3. Arguments by Respondents:The Respondents presented several arguments to support their case. They highlighted previous Tribunal decisions in similar cases where the exemption was granted. They emphasized that they were covered under the category of Oil Mill and Solvent Extraction Industries, supported by the issuance of a specific license. Additionally, they distinguished their case from the precedent cited by the Revenue, stating that they indeed undertook crushing of oil seeds through solvent extraction methods.4. Judgment and Decision:After careful consideration of the arguments and previous decisions, the Tribunal found in favor of the Respondents. They noted that the Respondents were covered by the decisions of the Tribunal and the issuance of a relevant license. As there was no dispute regarding the Respondents' classification under Oil Mill and Solvent Extraction Industries, the Tribunal upheld the Commissioner's order to grant the refund. The Tribunal rejected the Revenue's appeal, stating that there were no grounds to interfere with the legal and proper decision of the Commissioner.In conclusion, the Tribunal's judgment upheld the entitlement of the Respondents for the benefit of Notification No. 115/75 based on their classification under Oil Mill and Solvent Extraction Industries, as supported by relevant precedents and documentation.
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