2001 (3) TMI 193 - AT - Central Excise

Summary

Issues involved: Whether Modvat Credit is available for inputs used in trial production.

In this appeal, the Revenue contested the availability of Modvat Credit amounting to Rs. 8,16,142 to M/s. Duracell (India) Pvt. Ltd. for inputs used in trial production of finished goods that turned into waste and scrap. The Assistant Commissioner disallowed the credit, stating that no final product was obtained and no manufacturing occurred during the trial production. The Revenue argued that the provisions of Rule 57D were not applicable in this case, as the inputs were wasted and no manufacturing took place, citing previous tribunal decisions and the case of Union Carbide Ltd. v. C.C.E., 1994.

The Advocate for the Respondent, now Gillette India Ltd. Duracell Division, highlighted that the inputs were indeed used in the manufacture of final products, emphasizing that waste can arise at any manufacturing stage. Referring to previous decisions, including RE, Fertilizers Corporation of India Ltd., and Fertilizer Corporation of India Ltd. v. C.C.E., it was argued that inputs used in trial runs are essential to the manufacturing process and eligible for credit, even if the designated end product was not produced during the trial period. The Advocate also noted that some finished goods were manufactured during the relevant period, indicating that not all inputs were lost.

The Tribunal considered both arguments and acknowledged that the inputs were utilized in the manufacture of final products, even during trial production. Citing the decision in the case of Fertilizer Corporation of India, the Tribunal emphasized that the eligibility for credit is not contingent upon the emergence of good quality final products during trial runs. Rule 57D of the Central Excise Rules explicitly states that credit cannot be denied on the grounds of inputs turning into waste during the manufacturing process. Therefore, as the inputs were used in the manufacture of final products, the Respondents were deemed eligible for the Modvat Credit, and the Revenue's appeal was rejected.