2004 (10) TMI 415 - AT - Central Excise

Summary

Issues: Denial of Modvat credit on bright steel bars and LDPE granules.

Analysis:
1. Bright Steel Bars Issue:
The appeal concerns the denial of Modvat credit on bright steel bars used in the manufacture of steel wires. The denial was based on the argument that these bars are not inputs in the manufacturing process but are consumed during the process of annealing. The appellant argued that the use of bright steel bars is directly related to the manufacturing process and should be eligible for Modvat credit. The Tribunal examined the submissions and concluded that the use of bright steel bars is indeed in relation to the manufacture of the finished product, making them eligible for input credit. The denial of credit on this ground was deemed unjustified.

2. LDPE Granules Issue:
The second issue pertains to the denial of Modvat credit on LDPE granules sent to a job worker for conversion into polythene bags. The denial was primarily due to a delay ranging from 9 to 25 days in the return of the converted goods. The appellant contended that the delay in filing for an extension of time should not be a reason for denying credit, citing a precedent involving Godrej Foods Ltd. The Tribunal agreed with the appellant, emphasizing that the raw material did return after conversion, and a short delay beyond the appellant's control should not warrant the denial of credit. The Tribunal held that the delay in this case was insignificant, and the denial of credit was deemed unjustified.

3. Judgment:
After considering the arguments and submissions from both sides, the Tribunal allowed the appeal by setting aside the impugned order. The decision was based on the finding that both the bright steel bars and LDPE granules were integral to the manufacturing process and the denial of Modvat credit on these grounds was unwarranted.