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2015 (10) TMI 441 - SC - Central Excise100% EOU - Benefit of Notification No. 8/97-CE dated 01.03.1997 - Concessional rate of duty - As per the Revenue, Vanadium Pentoxide which is the material used for the manufacture of the products in question is the raw material and since the aforesaid components of raw material are imported, the assessee would not be entitled to the benefit of the aforesaid notifications. Held that:- Vanadium Pentoxide, while influencing and accelerating the chemical reactions, itself remains uninfluenced and unaltered and retains its independent character. It is also not in dispute that it remains outside the product and does not form part of the product. This has been accepted even by the Commissioner and finding to this effect is given by stating that it is not directly consumed in the process of manufacturing and normal life of the catalyst is 36 months, after which this catalyst has to be replaced by a new one. - Catalyst which retains its character, remains outside the end product, remains uninfluenced and unaltered cannot be treated as raw material. - No violation with the approach of the Tribunal in granting the benefit of the Notifications to the assessee herein - Decided against Revenue.
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