F.No.109/2/2004-CX.3
Government
of India
Ministry
of Finance
Department
of Revenue
New
Delhi,18th April, 2007
Subject:-
Withdrawal of circulars 44/89-CX.3 dated 19.7.1989 and 56/89-CX.3 dated
21.9.1989- regarding.
I
am directed to invite your attention to Board’s Circular No. 44/89-CX.3,
dated 19.7.1989, wherein the field
formations were instructed that no central excise duty is to be paid on prilled
ammonium nitrate obtained from melt ammonium nitrate, and that no modvat of such
duty, even if paid is to be allowed, in pursuance of Tribunal’s order in case
of M/s. Anil Chemicals Pvt. Ltd. [1985 (21) ELT.889(T)]. In another Circular No. 56/89- CX-3, dt. 21.9.1989, it was
instructed that the instructions issued vide Circular dt. 19.7.89 would apply,
mutatis mutandis to the process of conversion of ammonium nitrate melt into
crystalline coated ammonium nitrate.
2.
Subsequent to this, the larger Bench of the CESTAT in the case of Supreme
Chemicals Works Vs. CCE, Jaipur [2000 (119) ELT 707 (Tribunal-LB)] had held that
ammonium nitrate in the form of fine powder particles obtained from crude lumps
of ammonium nitrate, damaged calcium ammonium nitrate (CAN) and ammonium nitrate
melt satisfy the two tests – one of manufacture and other of
marketability, for subjecting any goods to levy of excise duty.
The Tribunal further held that the statement of law laid down in CCE,
Aurangabad Vs. Anil Chemicals Pvt. Limited must be held to be incorrect.
Based on the law laid down by the larger Bench of the Tribunal, the
regular Bench has decided accordingly the appeals in the case of M/s. Supreme
Chemicals works vide its final order No. 360-62/2000-C dt. 03.8.2000.
3.
It has been decided by the Board to accept the above said order of larger
bench dated 7.6.2000, and final order of the tribunal dated 3.8.2000 on this
issue. Consequently, Board has decided to withdraw the circulars Nos.
44/89-CX.3, dated 19.7.1989, and 56/89-CX.3, dated 21.9.1989, as they are
inconsistent with the settled position of law.
Therefore, the Circulars Nos. 44/89-CX-3 & 56/89-Cx-3 may be treated
as withdrawn.
4.
Pending disputes, if any, may be decided accordingly.
5.
Trade and field formations may be suitably informed.
6.
Hindi version will follow.
Yours faithfully,
(
Dilip Goyal )
Under Secretary (CX.3)
