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2010 (3) TMI 829 - HC - Central ExciseCenvat credit - whether assessee is entitled to the benefit of MODVAT credit under Rule 57-A of the Rules - product is such an eatable which would ultimately lose its quality and taste if not preserved by adequate packaging. Therefore it requires a particular nature of packing in order to preserve its quality the packing material in respect of which MODVAT credit is claimed is a necessary item which would fall within the scope of provisions of Rule 57-A of the Rules Held that - respondent is entitled to claim MODVAT credit with regard to the secondary packing materials. it is not that all packing material could be considered for the purpose of MODVAT credit as an input and we clarify that keeping in mind the nature of the product in the instant case i.e. Biscuits the relief granted to the respondent by the Tribunal is just and proper Appeal is accordingly dismissed.
Issues:
1. Interpretation of Rule 57-A of the Central Excise Rules, 1944 regarding MODVAT credit for inputs used in manufacturing final products. 2. Granting MODVAT credit despite explicit legal provisions in Rule 57-A of the Central Excise Rules, 1944. 3. Passing an order without examining the issue involved based on a case with dissimilar facts. Issue 1: Interpretation of Rule 57-A - MODVAT Credit for Inputs: The appeal challenged an order by the Customs and Excise Appellate Tribunal regarding MODVAT credit claimed by a manufacturer of Biscuits for secondary packing materials like Liquid Adhesives and BOPP Tapes. The appellant contended that the respondent was not entitled to the credit under Rule 57-A of the Central Excise Rules, 1944. The Deputy Commissioner and Commissioner disallowed the credit, but the Tribunal reversed the decision, allowing the credit. The Court held that the nature of the product, Biscuits, required specific packing for preservation, making the packing materials eligible for MODVAT credit under Rule 57-A. The Tribunal's decision was justified based on the necessity of preserving the quality of the product. Issue 2: Granting MODVAT Credit Against Legal Provisions: The appellant argued that the Tribunal erred in granting MODVAT credit for affixing labels on cartons using Adhesive Tapes, which they claimed was not permissible under Rule 57-A. However, the respondent justified the credit claiming it was essential for preserving the quality of the Biscuits. The Court upheld the Tribunal's decision, emphasizing that the specific nature of the product and its requirement for particular packing materials justified the MODVAT credit granted by the Tribunal. The Court clarified that not all packing materials could be considered for MODVAT credit, but in this case, for Biscuits, it was appropriate. Issue 3: Passing Order Without Proper Examination: The appellant contended that the Tribunal did not examine the issue properly and relied on a case with dissimilar facts. However, the Court found that the Tribunal's decision was based on the necessity of preserving the quality of the Biscuits through specific packing materials, justifying the MODVAT credit. The Court dismissed the appeal, affirming the Tribunal's decision and emphasizing that the relief granted was appropriate considering the nature of the product. In conclusion, the High Court of Karnataka upheld the Tribunal's decision to grant MODVAT credit to the respondent for secondary packing materials used in manufacturing Biscuits, based on the necessity of preserving the product's quality. The Court emphasized that the specific nature of the product justified the credit, even though it went against the literal interpretation of Rule 57-A of the Central Excise Rules, 1944.
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