2008 (8) TMI 287 - AT - Central Excise

Whether the packing of coconut punch chocolate with coffee bite and clearing the same on printed MRP, on payment of duty, would make the respondent eligible to avail Cenvat credit of duty paid on coconut punch chocolate Section 2(f)(iii) were specifically introduced from 1-3-2003 and it included packing or re-packing of the goods, would amount to manufacture hence, activity of packing of coconut punch chocolate along with coffee bite amounting to manufacture hence, duty paid coconut punch chocolate has to be considered as an input therefore, credit is admissible - appeal of Revenue rejected

Summary

Issues:
1. Availing Cenvat credit on "Coconut Punch Chocolates" repacked with "coffee bite chocolates".
2. Interpretation of the definition of "manufacture" under Section 2(f) of the Central Excise Act, 1944.
3. Applicability of Cenvat credit eligibility based on the packing and clearance of the combined product.

Analysis:
1. The appeal pertains to the Revenue challenging the Order-in-appeal allowing the respondent to avail Cenvat credit on "Coconut Punch Chocolates" repacked with "coffee bite chocolates." The Revenue issued a show cause notice to reverse the credit availed, contending that the chocolates were not used in manufacturing any final product. The Commissioner (Appeals) set aside the original order disallowing the credit, relying on precedents. The issue in question was whether the repacking and clearance of the combined product entitle the respondent to Cenvat credit.

2. The crux of the matter revolved around the interpretation of the term "manufacture" under Section 2(f) of the Central Excise Act, 1944. The definition included packing or repacking of goods as an activity amounting to manufacture, particularly from 1-3-2003. The Tribunal referred to a similar case where the packing of two items was considered manufacturing, allowing Cenvat credit on the bought-out item. The Tribunal's decision highlighted that the activity of packing the products together for sale constituted manufacturing, making the duty paid goods eligible as inputs for the final product.

3. Considering the Tribunal's ruling in a comparable case and the specific inclusion of packing activities in the definition of manufacture, the Tribunal upheld the Commissioner (Appeals)'s decision. The Tribunal emphasized that the repacking of goods for sale constituted manufacturing, aligning with the statutory provisions. Consequently, the Revenue's appeal was dismissed, affirming the eligibility of the respondent to avail Cenvat credit on the repacked chocolates. The judgment underscored the importance of statutory definitions and precedents in determining Cenvat credit entitlement based on manufacturing activities.