1990 (1) TMI 201 - AT - Central Excise

Summary

Issues: Eligibility of MODVAT credit for anti-rust and anti-corrosion oil applied on finished tools.

The appeal was made against the order of the Collector of Central Excise (Appeals), Madras, regarding the eligibility of taking MODVAT credit for anti-rust and anti-corrosion oil applied on finished tools. The lower appellate authority held that the oil, being applied after the tools are manufactured for preservation, cannot be considered an input used in or in relation to manufacture. The consultant argued that the application of oil is essential for preventing rust and corrosion, is done before the goods enter the market stream, and is accounted for in the statutory Central Excise record only after application. The Department, through the JDR, supported the lower authority's reasoning.

The main issue for consideration was whether the application of oil after the tool's manufacture can be deemed to be in relation to the manufacture of the tool. Referring to a Supreme Court case, it was noted that processes necessary to make a product marketable are considered part of the manufacture, and any material required for this purpose is a component part of the end product. In this case, it was acknowledged that the use of oil is essential for preserving the tools, which are sold only after oil application and accounted for thereafter. Following the Supreme Court's rulings, it was concluded that the application of oil is incidental and ancillary to the manufacture of the tools, making its use in relation to the manufacture. Consequently, the impugned order was set aside, and the appeal of the appellants was allowed.