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2003 (12) TMI 528 - AT - Central Excise
Issues:
1. Classification of adhesive tapes under different headings for credit eligibility. Analysis: The appeal before the Appellate Tribunal CESTAT, Mumbai involved a dispute regarding the classification of adhesive tapes for the purpose of credit eligibility. The Commissioner (Appeals) had allowed the credit in respect of adhesive tapes, which was challenged by the Revenue. The Assistant Commissioner had denied the credit based on the discrepancy between the chapter heading indicated on the supplier's invoices (8546.00) and the chapter heading declared by the respondents in the Modvat declaration (3919.00). The Revenue contended that the waiver of minor discrepancies in the description of inputs, as per the Board's instruction, would not apply in cases where there is a change in the chapter of the product. The Revenue argued that since the chapter indicated by the supplier differed from that declared by the respondents, the credit should not be admissible. Upon considering the grounds of appeal and the findings of the Commissioner (Appeals), the Tribunal noted that the appellants had taken credit on adhesive tapes classifying them under Chapter 39, while the supplier had classified them under sub-heading No. 8546.00. The Tribunal emphasized that credit for inputs declared under the general nomenclature "adhesive tapes" would cover adhesive tapes of any classification. It was acknowledged that some adhesive tapes may fall under Chapter 39, while others could be classified differently. The Tribunal highlighted the liberalized approach in the law, citing Notification No. 7/99-C.E. (N.T.), dated 9-2-99, which allowed for the extension of credit even in the absence of a specific declaration. In conclusion, the Tribunal found the Revenue's appeal to be without merit and rejected it. The decision affirmed the eligibility of credit on adhesive tapes, irrespective of the specific chapter heading indicated by the supplier, as long as the general nomenclature of "adhesive tapes" was maintained.
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