1995 (3) TMI 236 - AT - Central Excise

Summary

Issues:
1. Eligibility for Modvat Credit on glass bottles received from a supplier.
2. Compliance with procedural requirements for claiming Modvat Credit.
3. Endorsement on Gate Passes and original packing of goods.
4. Job work done by a third party on behalf of the appellants.

Analysis:

Issue 1: The appeal concerns the eligibility of M/s. Delhi Bottling Company Pvt. Ltd. for Modvat Credit on glass bottles received from a supplier. The Collector of Central Excise (Appeals) had held the appellants ineligible for Modvat Credit based on certain grounds, including the absence of endorsement on the Gate Pass and the bottles not being received in their original packing.

Issue 2: The appellants argued that the procedural requirement for endorsement on the Gate Pass was impossible to comply with as the supplier had to unpack the original packing to print on the bottles. They cited precedents to support their contention and provided evidence of the endorsement on the Gate Pass by the supplier, Arizona Printers & Packers. The appellants sought condonation of the procedural lapse to ensure substantive justice.

Issue 3: The lower authorities had erred in facts regarding the endorsement on the Gate Passes, as the appellants presented evidence of the endorsement by the supplier. The Tribunal considered the case of Madras Fabricators Ltd., where the duty paid on plain sheets was accepted for Modvat Credit on lacquered sheets, emphasizing the correlation between declared inputs and duty paid. The Tribunal found the appellants' case stronger as the declared inputs were glass bottles, regardless of printing.

Issue 4: The Tribunal noted that the job work done by the printer on behalf of the appellants required compliance with Rule 57F procedures, which had not been followed. However, the appellants were not proceeded against on that ground. The Tribunal inclined to condone the procedural lapse and remanded the matter to the Assistant Collector for a de novo examination to correlate the printed bottles with the duty paying documents and certificates issued by the job worker.

In conclusion, the Tribunal allowed the appeal on the condition of remanding the matter for further examination to ensure compliance with procedural requirements and correlation between inputs and duty paid documents. The decision highlighted the distinction between procedural lapses and substantive justice in claiming Modvat Credit on glass bottles received from a supplier after job work.