2004 (10) TMI 166 - AT - Central Excise

Summary

Issues: Denial of Modvat credit for crude Iodine used in production of Iodine of I.P. standard.

In this judgment by the Appellate Tribunal CESTAT, New Delhi, the case involved the denial of Modvat credit of over Rs. 2 lakhs to the appellant for duty paid on crude Iodine used in the production of Iodine of I.P. standard. The appellant contended that the impugned order held that the process of converting crude Iodine does not amount to manufacture, thus denying the credit on the input used in its production. The appellant argued that it was contradictory for the Revenue to collect duty on Iodine of I.P. standard as a manufactured product but deny credit on the input used in its production. The appellant cited previous decisions by the Tribunal in support of their contention.

The Tribunal found the Revenue's stand to be self-contradictory and ruled in favor of the appellant. The Tribunal held that if the conversion of crude Iodine of I.P. grade is considered manufacturing for duty assessment purposes, then everything involved in its manufacture is entitled to Modvat credit. Therefore, the impugned order denying the Modvat credit was set aside, and the appeal was allowed.