2004 (11) TMI 470 - AT - Central Excise

Summary

Issues:
Availability of Modvat credit for duty paid on Polypropylene H-100 EY inputs to M/s. Raipur Rotocast Ltd.

Analysis:
The primary issue in this appeal is whether Modvat credit of duty paid on Polypropylene H-100 EY inputs is available to M/s. Raipur Rotocast Ltd. The Revenue argues that the impugned inputs are not suitable for manufacturing HDPE bags for packing cement, citing the Handbook of polypropylene published by M/s. Reliance Industry. However, the Commissioner (Appeals) noted that the Superintendent of Central Excise range conducted an experiment and concluded that the H 100 EY granules can be used in the manufacture of Tapes and subsequently in the manufacture of sacks. The Revenue's contention that the inputs are not usable for manufacturing HDPE sacks was dismissed as the Modvat credit is available if the inputs are used in or in relation to the manufacture of final products. Since there is no evidence to suggest that the inputs were not used in the manufacturing process and no material to counter the Superintendent's report, the impugned order was upheld, and the Revenue's appeal was rejected.

In conclusion, the Tribunal found no merit in the Revenue's argument against granting Modvat credit for the duty paid on Polypropylene H-100 EY inputs to M/s. Raipur Rotocast Ltd. The decision was based on the Superintendent's report confirming the usability of the inputs in the manufacturing process of HDPE/PP bags, as well as the lack of evidence to the contrary. Consequently, the impugned order was upheld, and the Revenue's appeal was dismissed.