2000 (10) TMI 70 - AT - Central Excise

Summary

Issues:
Eligibility of additional duty of Customs on inputs for utilization towards payment of duty on aseptic packaging rolls.

Analysis:
The appellant manufactures aseptic packaging by laminating plastic with paper and aluminium, selling it to customers in rolls. The packaging is converted into containers at the customer's premises. The dispute is regarding the eligibility of the duty paid on input strips for aseptic packaging rolls. The department argues that the strips are not necessary for the conversion process. The appellant's advocate argues that the strips are essential for marketability, likening them to accessories. The departmental representative supports the Commissioner's view that the strips are not used in the manufacturing process.

The Tribunal finds the department's view too narrow, emphasizing that processes required to make a product marketable are part of manufacturing. Citing precedents, the Tribunal notes that certain components, like the strips in question, are crucial for making the final product marketable. The Supreme Court's decision in a previous case is referenced to support the argument that components necessary for marketability are considered inputs in manufacturing. The Tribunal concludes that the strips are indeed inputs used in or in relation to the manufacture of the finished product, rejecting the department's stance.

Ultimately, the Tribunal allows the appeal, setting aside the Commissioner's order and ruling in favor of the appellant.