2009 (8) TMI 922 - AT - Central Excise

Summary

Issues involved: Duty demand on clearance of packing materials without reversing Cenvat credit.

Summary:

The Appellate Tribunal CESTAT CHENNAI heard the case where officers found that the respondents cleared PP/HDPE Woven Sacks along with plastic furniture without reversing the Cenvat credit. The department appealed against the lower appellate authority's decision setting aside the duty demand.

The department argued that the packing material was cleared without using it for packing, necessitating the reversal of credit. They contended that the invoices did not disclose the clearance of packing materials adequately.

On the other hand, the respondents explained that they sent plastic furniture to different regions with or without packing, and the value of packing material was included in the furniture's value. They asserted compliance with central excise laws by separately sending packing material.

After reviewing the arguments and case records, the Tribunal found that the packing material was not used for packing the furniture, making it necessary to reverse the credit. The Tribunal also noted that the mention of packing material in small print on invoices did not constitute proper disclosure to the department.

Consequently, the Tribunal held that the respondents failed to establish their case on merit or limitation. The lower appellate authority's decision was set aside, and the departmental appeal was allowed, restoring the original order.