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2007 (11) TMI 195 - AT - Central ExciseEligibility of the appellant for Modvat credit on the High Tensile Steel Straps, which were used by them for securing fully packed MS coils loaded in the containers in order to prevent the goods during the course of transportation - High Tensile Steel Straps were duty paid and received in the factory premises - steel straps were used for securing the goods dispatched for export can be considered as packing material and will be covered under the category of inputs so input credit admissible
Issues:
Eligibility of the appellant for Modvat credit on High Tensile Steel Straps used for lashing fully packed coils during transportation. Analysis: The issue in this case revolves around the eligibility of the appellant for Modvat credit on High Tensile Steel Straps used for securing fully packed coils during transportation. The appellant argued that the steel straps were used for securing the final products in containers to prevent rotational movement during transportation. The Tribunal analyzed the definition of inputs under Rule 2(k)(i) of the Cenvat Credit Rules 2004, which includes goods used in or in relation to the manufacture of final products, directly or indirectly, and encompasses items used as packing material. The Tribunal noted that the steel straps were used for securing the final products during transportation, which can be considered as packing material falling within the definition of "inputs." The Tribunal emphasized the government's policy to encourage exports and stated that denying Cenvat credit on inputs used for exporting final products goes against this policy. The Tribunal deemed the denial of credit on steel straps, which were used for securing goods during export, as incorrect and unacceptable. The Tribunal disagreed with the Commissioner (Appeals)'s finding that steel straps cannot be considered packing material and that manufacturing is complete at the transportation stage. In the circumstances of the case, the Tribunal concluded that steel straps used for securing goods during export should be considered as packing material and fall under the category of "inputs." Consequently, the Tribunal held that the impugned order was incorrect and set it aside. The appeal was allowed with consequential relief, if any. The decision highlights the importance of interpreting the definition of inputs broadly to include items like packing material when used in relation to the manufacture and transportation of final products, especially in cases where exports are involved.
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