2006 (11) TMI 33 - AT - Central Excise

Cenvat/Modvat-Input- In a offer by appellant a 5 Star chocolate free with every 1kg Bournvita As per Commisioner finding after inclusion of offer no appraisal in value of Bournvita and not it is used as input Credit not available on it as per decision of court.

Summary

Issues:
1. Whether duty paid on 5-star chocolates should be given credit as an input in the manufacture of 'Bournvita'.

Analysis:
The appeal before the Appellate Tribunal CESTAT, Mumbai involved a dispute regarding the duty paid on 5-star chocolates being considered as credit for the manufacture of 'Bournvita'. The appellant, a manufacturer of 'Bournvita', included two 5-star chocolates weighing 48 grams as part of a promotional scheme along with Bournvita 1 kg. The appellant argued that the duty paid on these chocolates should be credited. However, the department contended that the chocolates were not used as an input in the manufacture of 'Bournvita'.

The Commissioner (Appeals) upheld the department's position, stating that the final product, 'Bournvita', remained the same both before and after the inclusion of the chocolates. The Commissioner emphasized that the chocolates were not used in or in relation to the manufacture of 'Bournvita', directly or indirectly. Consequently, the chocolates did not qualify as inputs for Modvat purposes, and the Modvat credit on the chocolates was deemed unavailable to the appellant.

The Appellate Tribunal, after reviewing the findings of the Commissioner (Appeals), concluded that the reasoning adopted was legally sound and appropriate. As a result, the Tribunal rejected the appeal, affirming the decision of the Commissioner (Appeals) and dismissing the appellant's claim for the duty paid on the 5-star chocolates to be considered as credit in the manufacture of 'Bournvita'.