2006 (2) TMI 588 - AT - Central Excise

Summary

Issues:
Denial of Modvat credit on re-processed resins used in the manufacture of paints.

Analysis:
The case involved the denial of Modvat credit amounting to Rs. 46,045 on re-processed resins used as an intermediate in the production of paints by M/s. Asian Paints (India) Ltd. The Commissioner (A) disallowed the credit, stating that the reprocessing activity did not constitute manufacturing of a new-finished product, hence not qualifying for the credit under the Modvat scheme. However, the Commissioner's finding failed to consider that the reprocessed material was indeed utilized in the manufacture of the final product, i.e., paints. The appellant argued that the reprocessed goods were further used in the production process, eliminating the need for Modvat credit. The appellant cited various precedents to support their claim, emphasizing that once the reprocessed goods are incorporated into the final product, the question of Modvat credit becomes irrelevant. The Tribunal agreed with the appellant's arguments, setting aside the impugned order and allowing the appeal based on the established precedents and the actual use of the reprocessed goods in the manufacturing process.

In conclusion, the Tribunal found that the reprocessed resins were indeed utilized in the manufacture of paints by the appellant, rendering them eligible for the Modvat credit. The decision highlighted the importance of considering the actual use of reprocessed materials in the final product rather than solely focusing on the reprocessing activity itself. The judgment emphasized the settled legal position that once reprocessed goods are integrated into the manufacturing process, the entitlement to Modvat credit is established. The Tribunal's ruling in favor of the appellant underscored the need for a specific finding on the utilization of reprocessed inputs in the final product, ultimately leading to the allowance of the Modvat credit in this case.