2007 (6) TMI 206 - AT - Central Excise

Reversal of credit sought on ground that respondent had written off the value of the unserviceable or damaged raw material, packing material thereof from the books of account revenue submitted that said goods could not have been used in manufacture of finished goods - since inputs are still lying in the factory and not removed from factory, reversal of credit sought on above ground is not justified revenue s appeal is rejected

Summary

Issues:
Appeal against Commissioner (Appeals) order regarding write-off of damaged raw material and packing material from books of account.

Analysis:
The Revenue filed an appeal against the Commissioner (Appeals) order, arguing that the respondent had written off the value of unserviceable or damaged raw material and packing material from their books of account. The Revenue contended that the damaged inputs could not have been used in the manufacture of further finished goods. However, the Commissioner (Appeals) allowed the respondent's appeal, stating that the written-off goods could still be used in the factory, and there was no time limit provided in the law for their consumption. The Commissioner (Appeals) emphasized that credit could only be denied if the goods were not used in the manufacture of final products or if they were removed from the factory. The Commissioner (Appeals) cited various case laws supporting the appellant's case, including Bharat Heavy Electrical Ltd. v. CCE, Bangalore, Kirloskar Oil Engine Ltd. v. CCE, Nashik, and Commissioner of Central Excise, Indore v. Kinetic Motors Co. Ltd.

The Appellate Tribunal noted that the Commissioner (Appeals) had correctly followed the law as settled by a series of judgments of the Division Bench of the Tribunal. The Tribunal found that the order of the Commissioner (Appeals) was well-reasoned and did not require any interference. Consequently, the Tribunal rejected the appeal filed by the Revenue.

In conclusion, the Tribunal upheld the Commissioner (Appeals) order, emphasizing that the written-off goods could still be used in the factory for the manufacture of finished products. The Tribunal's decision was based on established legal principles and supported by relevant case laws, ultimately leading to the rejection of the Revenue's appeal.