2004 (2) TMI 166 - AT - Central Excise

Summary

Issues:
Credit reversal on rejected components for manufacturing motor vehicles.

Analysis:
The appellants, manufacturers of Motor Vehicles, faced duty demands as some components were not used in the final goods' manufacture. The appellants assigned reason codes to rejected components. The adjudicating authority allowed credit for some reason codes but disallowed for others. The appeal to Commissioner (Appeals) failed, leading to the current appeal.

1. Reason Code 13 - Non-Conformance to Specifications:
The rejection was based on the absence of a manufacturing process. The Tribunal held that as long as inputs are used "in or in relation" to manufacturing finished goods, credit is admissible. Any attempt to use inputs for manufacturing qualifies as use in or in relation to production. Therefore, the credit reversal for this reason code was deemed unsustainable.

2. Reason Code 30 - Deterioration in Storage:
The claim was rejected as the inputs deteriorated in storage without being used for manufacturing. The Tribunal agreed that since the goods were not subjected to manufacturing, the credit reversal was justified.

3. Reason Code 31 - Obsolescence:
Similar to Reason Code 30, the rejection was upheld as the inputs became obsolete without being utilized for manufacturing purposes.

4. Reason Code 57 - Faulty Inspection:
Although declared unfit during assembly, the components were initially approved. The Tribunal held that as per the rationale applied to Reason Code 13, the credit reversal was not warranted.

5. Reason Codes 81 and 27 - Wrong Materials:
Rejection due to wrong materials during machining/assembly was found unjustified. The Tribunal ruled that the credit reversal was not justified, aligning with the decisions on Reason Codes 13 and 57.

6. Reason Code 54 - Corrosion:
The credit reversal for corrosion was upheld, as it followed the same grounds as Reason Codes 30 and 31.

7. Reason Code 53 - Performance Issues:
The attempt to use inputs meant the credit reversal was not supported. The Tribunal set aside the credit reversal for this reason code.

8. Reason Code 01 - Miscellaneous Reasons:
Lack of specific reasons made it impossible to assess the merit, leading to the correct order of credit reversal.

In conclusion, the appeal succeeded for Reason Codes 30, 57, 81, 27, and 53, while failing for the remaining codes. The appeal was partially allowed, modifying the lower authorities' orders accordingly.