M/S. INDIAN OIL CORPORATION LTD. vs COLLECTOR OF CENTRAL EXCISE, BARODA — C.A. No. 7450 - 7451/2000

CASE SUMMARY: C.A. No. 007450-007451/2000 Indian Oil Corporation Ltd. v. Collector of Central Excise, Baroda (Heard: 02/08/2006) The Supreme Court allowed Indian Oil Corporation's appeals regarding central excise exemptions on Low Sulphur Heavy Stock (LSHS) used as fuel in the company's thermal power plant for generating electricity captively consumed in petroleum refining (periods: August 1989-May 1991 and January 1996-September 1999). The Court held the assessee entitled to exemption under Notification No. 75/84 entry 34, finding the thermal power plant within the refinery qualifies as part of the refining process. The Court also dismissed the department's counter-appeals, noting the department was bound by an earlier final tribunal decision (Hindustan Petroleum case) involving identical issues and could not take contradictory positions. This case analysis is maintained by casestatus.in based on publicly available court records.