C4 Raffinate eligible for partial Excise exemption under Notification No. 6/2000 dated 01.03.2000- SC

Brief facts of the case:

Indian Petrochemicals Corporation Limited (IPCL) is engaged in the manufacture of various types of petrochemicals, falling under Chapter 27 and 29 of Central Excise Tariff Act, 1985.

One of the products which is manufactured by IPCL is C4 Raffinate, for which the company is paying central excise duty @ 8 per cent availing the benefit of Notification No. 6/2000 dated 01.03.2000 against the normal rate of 16%.

The IPCL has classified the product under chapter sub-heading 2711.19.i.e Other Petroleum & gaseous hydrocarbons. As per the Department, the aforesaid product should have been classified under Chapter Heading 2711.12 as butylene. Subsequently, a show cause notice was issued demanding IPCL to pay differential 8% duty. The IPCL replied to the show cause notice sticking to its position that the as per the aforesaid exemption Notification, 50% of the duty of excise specified in the First Schedule, was payable.

The Commissioner of Central Excise (adjucating authority) unsatisfied with the plea of assessee passed an order raising the demand for 8% differential duty.

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