1991 (10) TMI 130 - AT - Central Excise

Summary

Issues:
Whether Modvat Credit can be availed on Crown Corks rendered unfit for use during the bottling of beverages.

Detailed Analysis:

Issue 1: Modvat Credit on Crown Corks
The case involved the availing of Modvat Credit on Crown Corks used as inputs in the bottling of beverages. The Assistant Collector disallowed the credit, stating that Rule 57D covers situations where part of the input is in waste, refuse, or byproduct. The Collector (Appeals) overturned this decision, deeming capping of bottles as a manufacturing process and allowing the credit for wasted Crown Corks.

Issue 2: Interpretation of Rule 57D
The Revenue argued that the Crown Corks were not wasted as the respondents chose not to use them, while the respondents contended that the damaged Crown Corks were wasted during the bottling process. The Tribunal analyzed Rule 57D(1), which allows credit for inputs in waste, refuse, or byproduct. The Tribunal noted that damaged Crown Corks could be considered waste arising during the manufacturing process.

Issue 3: Definition of Waste, Refuse, or Byproduct
The Department contended that damaged Crown Corks did not meet the requirement of being contained in waste, refuse, or byproduct as per Rule 57D(1). However, the Tribunal disagreed, stating that the nature and description of the material should determine if it constitutes waste. In this case, damaged Crown Corks were considered waste, forming part of the total input.

Conclusion:
The Tribunal agreed with the Collector (Appeals) that Modvat Credit on Crown Corks rendered unfit for use during the bottling process was admissible. The appeal filed by the Revenue was dismissed, affirming the eligibility of the credit for wasted Crown Corks.