2003 (12) TMI 552 - AT - Central Excise

Summary

Issues:
Interpretation of Modvat credit on light liquid paraffin under Notification No. 5/94-C.E.(N.T.) as amended by Notification No. 14/97-C.E.

Analysis:
The appellants, manufacturers of pharmaceutical products, claimed Modvat credit on light liquid paraffin supplied by a company during a specific period. The Department proposed to allow credit at a limited rate based on certain notifications. The appellants contested this proposal, arguing that light liquid paraffin should not be equated with paraffin wax. They highlighted the differences between the two substances based on the Indian Pharmacopoeia 1996 Vol. II, emphasizing that light liquid paraffin is a purified mixture of saturated liquid hydrocarbons obtained from petroleum, distinct from paraffin wax. The appellants pointed out that the goods supplied were clearly classified under a specific sub-heading, not subject to the limited credit mentioned in the notifications. The Department, however, maintained its stance.

Upon review, the Judge found the Commissioner (Appeals)'s decision equating light liquid paraffin with paraffin wax as unfounded. The Judge referenced the Indian Pharmacopoeia's descriptions, emphasizing the qualitative and chemical distinctions between the two substances. While light liquid paraffin consists of saturated hydrocarbons in liquid form, paraffin wax can contain both saturated and unsaturated hydrocarbons in solid form. The Judge noted that the Revenue did not dispute the classification of light liquid paraffin mentioned in the invoices. As the goods fell under a specific sub-heading not covered by the relevant notifications, the Judge concluded that the Department's limitation on Modvat credit was unjustified. Consequently, the Judge set aside the impugned order and allowed the appeal in favor of the appellants.