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2014 (7) TMI 567 - CESTAT KOLKATADenial of Exemption under Notification No 12/94 CE dated 01.03.1994 to Lubricating Preparations - Classification of oil manufactured by assessee - Lubricating oil or rolling mill oil - Equivalent penalty on account of suppression and willful misdeclaration of facts - Held that:- manufactured product "Servo Steerol C 6" fall under first part of the said tariff sub- headnig which is evident from the uses of the "Servo Steerol C 6" mentioned in the literature of the Appellants - meaning of speciality oil referred to in the said Notification for the purpose of allowing total exemption from duty would not be relevant in interpreting the eligibility of present Notification in allowing concessional rate of duty to 'lubricating preparations' when the said exemption Notification had been withdrawn from 1994 by the Govt., obviously, considering the same as no more relevant/necessary. Applying the meaning of lubricating preparation as mentioned in HSN and the actual use of the product as reflected by the Appellant in their literature, the said "Servo Steerol C-6" are used as lubricating preparations. Consequently, the Appellant are eligible to the benefit of concessional rate of duty i.e. 10% for the clearances of the said products during the relevant period as prescribed under Notification No.12/94-CE dated 01.03.1994 and amended by Notification No.14/95-CE dated 16.03.1995. - Decided in favour of assessee.
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