JUDGMENT

SABYASACHI MUKHARJI, J. :— This is an appeal under S. 35L of the Central Excises and Salt Act, 1944 (hereinafter referred to as the Act) from the order of the Customs, Excise and Gold (Control) Appellate Tribunal (hereinafter referred to as CEGAT). The respondent M/s. Jayant Oil Mills Pvt. Ltd, Hyderabad, manufactures hydrogenated rice bran oil which was sold to industrial consumers. The said hydrogenated rice bran oil is used as raw material in the manufacture of soap. The respondents, M/s. Jayant Oil Miils Pvt. Ltd. filed a classification list dated 20th May, 1981 in respect of the said goods classifying the same under Tariff Item 12 for approval and claimed exemption under notification No. 9/60 dated 20th February, 1960. The Assistant Collector of Central Excise, Hyderabad III Division by an order dated 16th June, 1981 held that the hydrogenated rice bran oil was classifiable under Tariff Item 68 of the Central Excise Tariff (hereinafter referred to as CET), because hydrogenated rice bran oil is solid at the ordinary temperature and therefore should be considered as fat and not as oil. The Assistant Collector observed that there was one opinion that the said goods could