1995 (10) TMI 155 - AT - Central Excise

Summary

Issues:
1. Eligibility of the appellant to take Modvat credit on capital goods.
2. Whether carded/combed cotton known as sliver emerging as an intermediate product is marketable and liable to excise duty.

Analysis:
1. The appellant contended that the issue in the present appeal revolves around their eligibility to claim Modvat credit on capital goods imported for manufacturing cotton yarn. The Department alleged that the intermediate product, carded/combed cotton known as sliver, falls under Tariff Heading 5202, excluded from the Modvat scheme. The appellant cited a Bombay High Court case where non-marketable intermediate products were held not liable to duty. The learned Counsel argued that unless goods are marketable, they are not excisable, even if listed in the Tariff. The C.C.E. (Appeals) in a similar case granted relief based on non-marketability, urging a similar decision in this appeal for justice.

2. The Tribunal considered whether carded/combed cotton, technically known as sliver, emerging during cotton yarn manufacturing, qualifies for Modvat credit. Referring to the Bombay High Court case, it was noted that non-marketable intermediate products are not considered 'goods' liable to duty. The Tribunal observed a previous order favoring the appellant in a similar situation by the C.C.E. (Appeals), Trichy, where the issue of marketability was pivotal. The Tribunal emphasized that non-marketable intermediate products, despite being in the Tariff, may not attract excise duty. Therefore, the matter was remanded to the original authority to determine the marketability of the intermediate product, carded/combed cotton.

This comprehensive analysis of the judgment highlights the key legal issues, arguments presented by the parties, relevant case law, and the Tribunal's decision to remand the case for further consideration based on the principle of marketability of goods.