2002 (2) TMI 1169 - AT - Central Excise

Summary

Issues:
1. Reversal of Modvat credit on damaged paper bags used in the manufacturing process of Carbon Black.

Analysis:
1. The appellants received a demand notice for the reversal of Modvat credit on paper bags damaged during the quality improvement process of packing Carbon Black. The Commissioner (Appeals) upheld the order of reversal, stating that reprocessing is not part of the manufacturing process. Citing judicial precedents, it was concluded that reprocessing does not create a new commercial article, thus not constituting an act of manufacture. The waste arising from reprocessing, including torn paper bags, was deemed ineligible for Modvat credit. The appellant's argument that reprocessing is part of manufacturing was dismissed. The Tribunal noted that the paper bags were essential packing material, and their loss due to damage during manufacturing should not disentitle Modvat credit, as supported by the Herbertsons Ltd. case.

2. The paper bags were damaged during the process when the Carbon Black did not meet quality standards and required reprocessing. The Lower authorities considered this rectification as reprocessing and concluded that Modvat credit on torn bags during this process was not eligible. However, the Tribunal disagreed, stating that the mere entry in the RG 1 register does not necessarily mean the goods are marketable. The sub-standard lots were not marketed, and any damage to inputs, such as paper bags, during the incidental process of making the lots marketable should be considered as damage during manufacture, entitling them to Modvat credit.

3. The Revenue's argument, based on a Madras High Court decision, was refuted as it pertained to a different scenario involving sample destruction after completion of the manufacturing process. In the present case, the destruction of packing material during the upgrading of sub-standard lots was distinct from the destruction of final products during quality testing. The Tribunal found no reason to deny Modvat credit on paper bags damaged during the incidental manufacturing process to prepare Carbon Lots for marketing.

4. Considering the above findings, the Tribunal set aside the impugned order and allowed the appeal, emphasizing that damage to packing material during the incidental or ancillary manufacturing process should be eligible for Modvat credit.