2010 (4) TMI 927

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....ates, for the Appellant. Shri T.H. Rao, SDR, for the Respondent. ORDER The benefit of exemption in terms of Sl. No. 17 of the Table to Notification No. 76/86-C.E., dated 10-2-1986 covering "Sludge obtained in the sewage or effluent treatment plant belonging to municipal corporation, local authority or an industrial unit" has been denied to the assessees herein who are manufacturers of ure....

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....laimed was not carbon sludge but carbon dust for the reason that it was so described in the invoices of the assessees and also for the reason that sludge is defined as a muddy substance while the product in dispute did not contain any mud. He has further held that the product is not obtained in an effluent treatment plant as contended by the assessees for the reason that manufacturing process show....

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....ued from 1979 and subsequently shell gasification process was adopted and carbon slurry was produced in this process. The Revenue has not controverted this claim of the assessees. Further, the Chemical Examiner's report dt. 26-8-91 states that the "sample is an aqueous paste of carbon dust containing traces of carbon compound." An aqueous paste cannot be dust. We, therefore, accept the claim of th....

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.... of sludge as evidenced by documents of the transporters who cleared the sludge from their factory. The question as to whether sludge was obtained in an effluent treatment plant has been answered in favour of the assessees by the certificate dt. 31-8-93 issued by the Tamil Nadu Pollution Control Board that the preparation tank, reaction tank, agitators and settling tank put up by the fertilizer un....