2010 (7) TMI 435 - AT - Central Excise

Cenvat credit manufacture of dutiable and non-dutiable goods assessee took credit only on the estimated quantity of inputs which were attributable to waste and scrap of plastic which were cleared on payment of duty - duty liability of waste and scrap of plastic not in dispute the appellants entitled to credit on granules attributable to such waste and scrap of plastic - matter remanded to the original authority to verify the correctness of the claim regarding the quantum of credit attributable to such waste and scrap

Summary

Issues:
- Appeal against order of Commissioner (Appeals) upholding demand of duty, reducing penalty
- Appeal against order upholding recovery of Cenvat credit, interest, penalty
- Identical issues in both appeals

Analysis:

Issue 1: Appeal against order of Commissioner (Appeals)
The appellant, a medicine manufacturer, used plastic granules for packing dutiable and exempted medicines. Waste and scrap of plastic emerged during manufacturing, sold at low prices. Dispute arose on credit taken on waste and scrap of plastic for exempted medicines. Appellant argued waste and scrap are final products, eligible for credit. Circular of the Board and Tribunal's decision supported appellant's claim. Tribunal held waste and scrap as final products, entitled to credit. Original authority's lack of verification led to remand for correctness check.

Issue 2: Appeal against order upholding recovery of Cenvat credit
Appellant made a distinction in granules usage for waste and scrap of plastic in exempted medicines. Authorities denied credit based on Rule 6(1) of Cenvat Credit Rules. Appellant's argument on waste and scrap as final products was rejected. High Court's decision was cited against appellant. Tribunal noted waste and scrap as excisable goods, liable to duty, allowing credit use for duty payment. Retrospective Amendment permitted proportionate credit for non-dutiable products. Tribunal upheld appellant's claim, remanding for verification of credit quantum.

Conclusion:
- Waste and scrap of plastic considered final products, eligible for credit
- Appellants entitled to credit on granules for waste and scrap of plastic
- Orders of authorities below set aside, appeals allowed on merits
- Original authority to verify correctness of credit claim for waste and scrap

This judgment clarifies the eligibility of manufacturers for credit on waste and scrap arising during production, emphasizing the final product nature of such materials and their duty liability. The Tribunal's decision provides guidance on applying Cenvat Credit Rules and highlights the importance of verification in assessing credit claims.