2016 (9) TMI 625 - AT - Central Excise

Refund claim - Cenvat credit reversed on P.P. Bags under protest - imported sugar packed in P.P. Bags in the godown situated outside the premises or factory and as packed or bags used outside the factory - packing cost includes the cost of P.P. Bags, and forms component of the raw material and that is raw sugar - Held that - it is found that packing cost of raw sugar for transportation from the Port of import, to the factory of production, is an element of cost of the raw material and as such forms part of the input cost. Such input or raw sugar have been utilized in the manufacture of taxable outputs. Both the rulings of the coordinate of this Tribunal in the case of Ponni Sugars Ltd. Versus Commissioner of C. Ex. 2008 (2) TMI 158 - CESTAT, CHENNAI and Universal Cables Ltd. v. CCE 2002 (10) TMI 206 - CEGAT, NEW DELHI to be per in-curium as they have not considered the principle of costing wherein packing cost of raw material forms part of the input price of the raw material, which is a direct cost for the manufacture of excisable output. Therefore, refund is granted with interest. - Decided in favour of appellant

Summary

Issues:
1. Disallowance of Cenvat credit on P.P. Bags used for transporting raw sugar.
2. Appeal against the disallowance of the Cenvat credit.
3. Interpretation of packing cost as part of the raw material cost.
4. Application of previous rulings in similar cases.

Analysis:
1. The appellant, a manufacturer of V.P. Sugar and Molasses, imported raw sugar packed in P.P. Bags for transportation to the factory. The revenue objected to the Cenvat credit claimed on the bags used outside the factory premises. The appellant reversed the credit under protest and filed a refund claim, which was disallowed by the revenue citing the bags' use outside the factory and replacement of damaged bags in the godown.

2. The appellant appealed the disallowance, arguing that the packing cost, including the P.P. Bags, is part of the raw material cost and should be eligible for Cenvat credit. The Commissioner upheld the disallowance based on a previous tribunal ruling in the case of Ponni Sugars Ltd. The appellant contended that the packing cost is integral to the transportation of raw sugar and forms part of the input cost for manufacturing the final products.

3. The tribunal considered the arguments and found that the packing cost of raw sugar for transportation to the factory is indeed a component of the raw material cost and qualifies for Cenvat credit. The tribunal disagreed with the previous rulings cited by the revenue, stating that the cost incurred outside the factory should also be considered as part of the input cost, especially in cases where packing is necessary for the manufacturing process.

4. The tribunal held that the previous rulings did not adequately consider the principle of costing where the packing cost is a direct cost for manufacturing the final products. As a result, the tribunal allowed the appeal, directing the revenue to grant the refund with interest within 60 days from the date of the order. The decision emphasized the importance of considering all costs directly related to the manufacturing process when determining Cenvat credit eligibility.