Court : supreme court of India
Brief : Excise Duty - Concessional Rate - Section 35L(b) of the Central Excise Act, 1944 - Customs, Excise & Gold (Control) Appellate Tribunal dismissed appeal filed by Appellant/Assessee, denying it benefit of concessional rate of Excise duty under Notifications No. 5/98-CE and 5/99-CE - Whether Appellant was entitled to claim concessional rate of Excise duty under the said Notifications
Citation : Indian Oil Corporation Ltd. v. Commissioner of Central Excise, Vadodara (Decided on 22.10.2010) MANU/SC/0883/2010
Held, benefit of concessional rate of duty extends only to that variety of kerosene that: (i) has a smoke point of 18mm or more, and (ii) is ordinarily used as an illuminant in oil burning lamps - It is manifest that these two conditions are conjunctive, and therefore, the twin conditions need to be satisfied in order to avail of concessional rate of duty - Assessee cleared kerosene manufactured by it to industrial consumers would entail that the Assessee cannot claim benefit of Notifications No. 5/98-CE and 5/99-CE . Court upheld impugned order. Appeal Dismissed.
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