1997 (10) TMI 368 - AT - Central Excise

Summary

Issues:
1. Disallowance of Modvat credit on Polypropelene and HDPE.
2. Interpretation of the term "in relation to the manufacture" under Rule 57A.
3. Testing as part of the manufacturing process.
4. Application of the Union Carbide India case precedent.

Analysis:
1. The Commissioner of Central Excise disallowed Modvat credit on Polypropelene and HDPE used by the respondents for testing plastic extrusion machines. The jurisdictional Assistant Collector passed orders disallowing the credit as these materials were not considered to be used in relation to the manufacture of the final product.

2. The Commissioner (Appeals) held that testing is part of the manufacturing process of plastic extrusion machines. The final product is only fully manufactured after testing, as evidenced by the items being entered into the statutory R.G.I register post-testing. Thus, Polypropelene and HDPE were deemed to be used in relation to the manufacture of the final product.

3. The department contended that the use of Polypropelene and HDPE for testing purposes did not constitute using the inputs in or in relation to the manufacture of the final products. However, the respondent argued that testing was essential for tailoring the machines to customer specifications and ensuring market readiness.

4. The respondent's counsel relied on the Union Carbide India case precedent, where the Tribunal held that the expression "used in relation to the manufacture" in Rule 57A should be interpreted broadly to encompass goods used in any activity concerned with or pertaining to the manufacture of finished goods. The precedent emphasized the wider scope of the term "inputs" to include materials not directly incorporated into the final product.

5. The Tribunal found that the Commissioner (Appeals)'s decision was supported by factual evidence and legal precedents. It reiterated the broader interpretation of the term "in relation to the manufacture" as established in the Union Carbide India case. The Tribunal concluded that Polypropelene and HDPE, used for testing to meet customer specifications, qualified as inputs under the expanded scope of the rule. Therefore, the appeals were rejected.