2005 (1) TMI 694 - AT - Central Excise

Summary

Issues:
1. Challenge to the correctness of the impugned order regarding Modvat credit on broken glass bottles.
2. Allegation of not adding full value of broken glass bottles in assessable value.
3. Entitlement to claim Modvat credit.
4. Compliance with adding value of broken glass bottles in assessable value.
5. Application of earlier Tribunal judgment and legal precedent.

Analysis:
The appeal before the Appellate Tribunal CESTAT, DELHI involved a challenge by the Revenue regarding the correctness of an order granting Modvat credit on broken glass bottles. The Commissioner (Appeals) had reversed the original order and allowed the credit to the respondents, who had added the value of the broken glass bottles in the assessable value of the goods during the disputed period. The Revenue contended that since the full value of the broken glass bottles was not added, the Modvat credit should not have been granted. However, it was noted that the show-cause notice did not specifically raise this issue, only alleging that the value was not added. The Tribunal found that the value had indeed been added by the respondents, as per the findings of the Commissioner (Appeals) and a previous judgment in the respondents' own case. The Tribunal also cited the precedent set in Union of India v. Sancheti Foods Products Ltd. 1993 (68) ELT 341 (Cal.) to support the decision. Consequently, the Tribunal upheld the impugned order, dismissing the Revenue's appeal.

In this case, the key issue revolved around the proper inclusion of the value of broken glass bottles in the assessable value of goods for claiming Modvat credit. The Tribunal emphasized that the respondents had complied with this requirement during the disputed period, as established by the Commissioner (Appeals) and supported by legal precedents. The absence of a specific plea in the show-cause notice regarding the full value did not alter the fact that the value had been added, leading to the rightful entitlement of the respondents to claim the Modvat credit.

The decision of the Tribunal was based on a thorough analysis of the facts and legal principles. By referencing the earlier judgment in the respondents' case and the legal precedent from Union of India v. Sancheti Foods Products Ltd., the Tribunal ensured consistency and adherence to established law. The dismissal of the Revenue's appeal signified the Tribunal's affirmation of the impugned order, highlighting the importance of proper assessment and compliance with Modvat credit regulations in determining the outcome of such cases.