Products Emerging During Refining Rice Bran Oil Are waste; No Excise Duty Payable: CESTAT

The Hyderabad Bench of Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that the products emerging in the course of refining rice bran oil can be considered as waste or by-product and no excise duty is payable.

The bench of  Angad Prasad (Judicial Member) and A.K. Jyotishi, (Technical Member) has observed that  the products emerging in the course of refining rice bran oil can be considered as waste or by-product and they are entitled for benefit of Notification 89/95- CE dated 18.05.1995.

The appellants/assessee are engaged in manufacture of refined rice bran oil and in the process of refining, certain wastes are arising in the nature of R.B. Fatty Acid, R.B. Wax and R.B. Gums which department felt that are in the nature of by-product. The appellant claimed benefit of exemption 89/95-CE dated 18.05.1995. However, the same was denied considering that these products were not waste and they were in the nature of by-products. 

The demand was confirmed along with imposition of penalty. On appeal, while the penalty was set aside and the demand was upheld.

The tribunal while allowing the appeal held that the issue is no longer res-integra and it has been held that they are waste products and are entitled for exemption in terms of said notification. Accordingly, we find that the order of the Commissioner (Appeals) is not sustainable in the facts of the case and therefore is set aside.

Case Details

Case Title: M/s Godavari Edible Bran Oil Pvt Ltd. Versus Commissioner of Central Tax Visakhapatnam– GST

Case No.: Excise Appeal No. 26628 of 2013

Date:  17.06.2025

Counsel For  Appellant: B. Seshagiri Rao

Counsel For Respondent: V Srikanth Rao

Read More: Dish TV’s Classification Of Noise Block Down Converter Under Customs Tariff Heading 85437099 Upheld: CESTAT

Mariya Paliwala
Leave a Reply

Your email address will not be published. Required fields are marked *

You May Also Like

Not Necessary For Custom Broker To Keep Continuous Surveillance At Exporter’s Physical Address; Delhi High Court Quashes Order Revoking Customs Broker Licence

The Delhi High Court has quashed the order revoking the customs broker’s…

Volvo Can’t Be Expected To Correlate Its Imports With Exports Of Person To Whom License Was Originally Issued: CESTAT

The Chennai bench of Customs, Excise and Service Tax Appellate Tribunal (CESTAT)…

CASE DIGEST | Customs Dept. Routinely Uses Pre-Drafted SCN Waiver Forms; Faces Repeated Setbacks in High Courts

The Customs Department has come under scrutiny for its routine practice of…

Action Of GST Dept. In Refund Claim Rejection Citing Limitation Is Harsh: CESTAT

The Delhi Bench of Customs, Excise and Service Tax Appellate Tribunal (CESTAT)…