1985 (4) TMI 178 - AT - Central Excise

Duty exemption denied for gases used in different plants under Central Excise Act.

The tribunal held that rich gas and synthesis gas produced by the appellant's fertilizer plant and used in their steel plant were not eligible for duty ... Plants separately registered as two factories Issues:1. Duty liability on rich gas and synthesis gas produced by the appellant's fertilizer plant and dispatched to their steel plant.2. Interpretation of Central Excise Notification No. 58/75 and 77/75 regarding duty exemption eligibility.3. Definition of 'factory' under the Central Excise Rules and Factories Act.4. Whether the gases used in a different factory than the one that produced them are eligible for duty exemption.5. Classification of rich gas and synthesis gas as 'goods' for excise levy.Analysis:1. The dispute revolves around the duty liability on rich gas and synthesis gas produced by the appellant's fertilizer plant and used in their steel plant. The Assistant Collector and the Appellate Collector held that the gases were liable for excess duty under Item No. 68 of the Central Excises and Salt Act, 1944.2. The appellant claimed duty exemption under Central Excise Notification No. 58/75 and 77/75. The notification exempts goods used in the factory of production as intermediate goods from excise duty. The appellant argued that despite separate registration under the Factories Act, both plants should be considered one unit. However, the lower authorities rejected this contention.3. The notification requires the goods to be used in the 'factory of production.' The term 'factory' was not defined in the notification but referred to Section 2(m) of the Factories Act. The tribunal rejected the appellant's argument that separate registration does not affect the application of the notification.4. The tribunal analyzed whether the gases were used in the factory that produced them. Since the gases were used in a different factory, they were deemed ineligible for duty exemption under the notification. The tribunal emphasized that registration as separate factories under the Factories Act implies separate entities for excise purposes.5. The appellant attempted to argue that the gases were not 'goods' for excise levy purposes. However, this point was not raised earlier, and no material was presented for consideration. The tribunal refrained from expressing an opinion on this issue, stating that the appellant should have raised it earlier. As a result, the appeals were rejected based on the duty liability of the gases.6. In a similar matter concerning coke oven gas and nitrogen gas, the tribunal rejected the appeals due to the duty liability being in respect of gases produced in one plant and consumed in another, similar to the previous case.This detailed analysis highlights the key legal issues, interpretations of relevant notifications, and the tribunal's reasoning in rejecting the appeals regarding duty liability on gases produced and used across different plants.