RUCHI SOYA INDUSTRIES LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is a company registered under the Companies Act, 1956 presently called Ruchi Soya Industries Limited. Previously, one-M/s. Sunshine Oleochem Private Limited, which was also a registered company, now stands merged with M/s. Ruchi Soya Industries Limited with effect from 16th December 2010. This is relevant for the limited purpose since some of the transactions on record have been entered into by M/s. Sunshine Oleochem Private Limited, on the basis of which, the present petitioner-company seeks Excise Duty exemption in the Kutch region of the State of Gujarat. The petitioner has challenged the show-cause notice dated 18th October 2010 along with Corrigendum dated 29th December 2010 issued by the Joint Commissioner of Central Excise, Ahmedabad in the following factual background.

(2.) Since some of the transactions; as already noted, were executed by M/s. Sunshine Oleochem Private Limited, and thereafter upon its merger with the present company, by such company, they shall be referred to as "the industry" at the appropriate place in this order.

(3.) The industry seeks benefit of exemption notification issued by the Central Government granting exemption on all excisable goods cleared from the industrial units located in Kutch region of the State of Gujarat; subject to certain conditions. Such exemption Notification No. 39/2001-C.E. was issued on 31st July 2001. Such exemptions were granted primarily bearing in mind the devastating earthquake which took place in the region on 26th January 2001.