(A.K. Sikri and Rohinton Fali Nariman, JJ.)
Commissioner of Central Excise __________ Appellant
v.
M/s. Hindustan Platinum Ltd. & Anr. _______ Respondent(s)
Civil Appeal No(s). 1070-1071/2008, decided on November 24, 2015
With
C.A. No. 1073-1074/2008 & C.A. No. 2248-2249/2008
The Order of the court was delivered by
Order
1. The issue involved in these appeals is as to whether the chemical processing of Platinum, Palladium, Rhodium, Gold and Silver is intermediary product which is exigible to excise duty?
2. In all these appeals, we find that the Tribunal had recorded a categorical finding that the Department/Revenue did not produce any concrete evidence as to the marketability of the intermediate products which were captively used by the assessees in their factories for further manufacturer of finished goods.
3. Mr. K. Radhakrishnan, learned senior counsel appearing for the Department/Revenue made an endeavour to show that even if there was no evidence led by the Revenue, there was an admission to this effect in the statements of the Officers of the assessees. On going through those statements, we do not find any such admission on this aspect.
4. We are also informed by the learned counsel for the assessees that those final goods which fall under Chapter 71, no CENVAT/MODVAT credit is taken on the aforesaid products which are treated as intermediary products. On the other hand, the goods manufactured falling under Chapter 71, in respect whereof the dispute is raised by the Revenue, the goods are cleared at nil rate of duty. We, thus, do not see any reason to interfere with the orders of the Tribunal which are deciding the issue correctly on the facts of these cases.
5. The appeals are, accordingly, dismissed.
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