2008 (2) TMI 392 - AT - Central Excise

Whether the appellant is entitled to deduction on account of packing packing boxes stand returned by some of their customers - observation of the Commissioner (Appeals) that no evidence has been produced showing return of the packing material are factually incorrect moreover, it is settled law that deduction on account of durable and returnable packing is allowed irrespective of the fact that the same has been actually returned or not impugned order is set aside and appeal is allowed

Summary

Issues involved:
1. Entitlement to deduction on account of packing in the manufacture of Drillwell.

Analysis:
The appeal before the Appellate Tribunal CESTAT Ahmedabad centered around the entitlement of the appellant to a deduction on account of packing in the manufacture of Drillwell. The authorities below had disallowed the benefit of packing, stating that the packing had not been returned by the buyers to the appellant. The Commissioner (Appeals) order highlighted the appellant's failure to clarify the meaning of PME deduction under Section 4 of the C.Ex. Act, 1944, resulting in a short payment of duty. The authorities observed that the plastic boxes on which the final product was supplied were claimed as deduction illegally, as the appellant could not prove the return of the plastic containers for packing purposes. The deduction was claimed based on credit notes without proper invoice details, leading to a higher rate of sale.

The appellant's Advocate presented a letter dated 13th October, 2000, addressed to the Superintendent, Central Excise, indicating the return of packing boxes by some customers. Contrary to the authorities' findings, the letter revealed that packing boxes were indeed returned to the appellant by various customers, as evidenced by the varying numbers of packing returned by different customers. The Tribunal noted that the deduction for durable and returnable packing is allowed regardless of whether the packing is actually returned. Consequently, the Tribunal set aside the impugned order and allowed the appeal, granting consequential relief to the appellant.

In conclusion, the Tribunal's decision emphasized the importance of understanding the legal provisions regarding deductions and the acceptance of returnable packing in determining the assessable value. The appellant's presentation of evidence regarding the return of packing material played a crucial role in overturning the authorities' decision and securing the entitlement to the deduction on account of packing in the manufacture of Drillwell.