2008 (3) TMI 532 - AT - Central Excise

Summary

Issues:
Denial of Modvat/Cenvat credit on hanging cards used for razor blades.

Analysis:
The case involved an application for waiver of pre-deposit of duty amounting to Rs. 22,68,148. The issue at hand was the denial of Modvat/Cenvat credit on hanging cards that held razor blades. The Revenue contended that credit was not available on these cards as they were considered display cards, not packing material. However, the applicants argued that these cards were indeed packing material on which the blades were affixed and dispatched from the factory. The original authority had examined the product, dropped the proceedings, and confirmed that the cards were indeed packing material. Despite this, the Commissioner (Appeals) reversed the decision without due consideration of the original authority's findings. The Tribunal noted that the Chartered Accountant's certificate supported the claim that the packing material costs were included in the product's overall cost. Consequently, the Tribunal found that the Commissioner (Appeals) had erred in their decision both factually and on the issue itself.

The Tribunal, after considering the submissions and records, concluded that the applicants had established a prima facie case for the waiver of the duty amount. Therefore, the application for the waiver of pre-deposit was granted, and the recovery of the duty amount was stayed pending the appeal's disposal. This decision was made to ensure fairness and justice in light of the evidence presented regarding the nature of the hanging cards and the Modvat/Cenvat credit eligibility.