2005 (1) TMI 519 - AT - Central Excise

Summary

Issues:
- Appeal against Commissioner (Appeals) order on admissibility of Modvat credit for damaged inputs used in manufacturing process.

Analysis:
The appeal before the Appellate Tribunal CESTAT, New Delhi challenged the Commissioner (Appeals) order regarding the admissibility of Modvat credit for damaged inputs used in the manufacturing process of final products. The Revenue contended that the Commissioner (Appeals) erred in stating that there was no evidence or allegation that the goods were rejected or broken before being issued for manufacturing the final products. The key contention was whether the mere issuance of inputs for manufacturing implied their actual use in the manufacturing process.

During the proceedings, the Revenue, represented by Shri P.M. Rao, JDR, argued that they had not received any evidence from the concerned Commissionerate proving that the inputs were damaged before being issued for the manufacture of final products. On the other hand, Shri Arvind Arora, consultant for the respondents, claimed that they presented records before the Commissioner (Appeals) to demonstrate that there was no evidence or allegation of the inputs being rejected or broken before their issuance for manufacturing the final products.

Upon evaluating the arguments from both sides, the Tribunal observed that once materials are issued for use in manufacturing final products, if they are broken during the manufacturing process, the credit on the inputs cannot be denied. The Commissioner (Appeals) had conclusively found that the inputs were not broken before being issued for the manufacture of final products. Therefore, the Tribunal upheld the decision of the Commissioner (Appeals) as legally sound, ruling that there was no merit in the Revenue's appeal, which was consequently rejected. The order was dictated and pronounced in open court on January 6, 2005.