1998 (10) TMI 77 - AT - Central Excise

Tribunal rules rice bran oil not subject to Vegetable Oil Cess Act, influenced by Apex Court judgment.

The Tribunal decided in favor of the appellants, ruling that oil extracted from rice bran is not liable to cess under the Vegetable Oil Cess Act, 1983. ... Cess - ROM application Issues:1. Whether oil extracted from rice bran is liable to cess under the Vegetable Oil Cess Act, 1983.2. Interpretation of the definition of vegetable oil under Section 3(h) of the National Oil Seeds and Vegetable Oil Development Board Act.3. Conflict between judgments of Andhra Pradesh High Court and Allahabad High Court regarding the liability of Rice Bran Oil to cess.4. Impact of the Apex Court judgment in Civil Appeal No. 2321 of 1988 on the controversy.5. Verification of the authenticity of the Apex Court judgment relied upon by the appellants.Analysis:1. The primary issue in this case revolves around the liability of the oil extracted from rice bran to cess under the Vegetable Oil Cess Act, 1983. The question is whether Rice Bran Oil falls under the definition of vegetable oil as provided under Section 3(h) of the National Oil Seeds and Vegetable Oil Development Board Act. This issue forms the crux of the appeals before the Tribunal.2. The lower authorities of the Revenue based their decision on the Andhra Pradesh High Court judgment, which held that Rice Bran Oil is subject to cess. In contrast, the assessee cited the judgment of the Allahabad High Court, which presented a different perspective on the matter. This conflict between the two High Court judgments added complexity to the case.3. The Advocate representing the appellants highlighted the resolution of the controversy by the Apex Court in Civil Appeal No. 2321 of 1988. The Apex Court's judgment, dated 19th Feb 1998, overturned the decision of the Andhra Pradesh High Court, thereby impacting the outcome of the present appeals. This development significantly influenced the direction of the case.4. A crucial aspect of the proceedings involved verifying the authenticity of the Apex Court judgment relied upon by the appellants. While the Advocate for the appellants provided a copy of the judgment circulated by the Solvent Extractors Association of Punjab, the Revenue expressed doubts regarding its authenticity. The Tribunal, however, found no prima facie doubt on the authenticity of the judgment and emphasized the Revenue's opportunity to verify and seek rectification if necessary.5. Ultimately, in light of the Apex Court's judgment in the case of Andhra Pradesh Rice Bran Solvent Extractors Association, the Tribunal set aside the impugned orders and allowed the appeals in favor of the appellants. The Tribunal also highlighted the application of Section 11B of the Central Excise Act, 1944 concerning the doctrine of unjust enrichment in cases involving duty refunds. The appeals were disposed of based on the Apex Court's decisive judgment.