1996 (7) TMI 213 - AT - Central Excise

Summary

Issues:
1. Appeal against Collector (Appeals) order denying Modvat credit on refrigerant gas.
2. Interpretation of whether mafron gas qualifies as an input under the Modvat scheme.
3. Application of Tribunal's judgment and Board's instructions in determining eligibility for Modvat credit.

Analysis:
1. The case involved an appeal against the Collector (Appeals) order, where the appellant challenged the denial of Modvat credit on refrigerant gas used in the manufacturing process. The respondents, engaged in manufacturing polyester film yarn, claimed Modvat credit for duty paid on mafron gas used as an input under the Modvat scheme. The Department contended that mafron gas was used in the chilling plant and not directly in the manufacturing process, thus disputing the eligibility for Modvat credit on this item.

2. The appellant argued that mafron gas, being a part of the chilling plant, did not qualify as an input directly related to the manufacturing process. The Department's representative cited a Tribunal's judgment to support the argument that mafron gas usage should prevent oxidation of the final product to be eligible for Modvat credit. Conversely, the respondent's advocate highlighted that chilling molten polyester film yarn was essential for manufacturing, citing the Tribunal's judgment and Board's instructions clarifying that input credit is admissible even if the input is not physically present in the final product, as long as it is used in or in relation to the manufacture of the final product.

3. Upon hearing both sides, the judge observed that mafron gas was crucial in the process of chilling molten or semi-solid polyester film yarn, making the manufacturing economically viable. The judge rejected the Department's argument that mafron gas was merely a part of the plant system, emphasizing its essential role in the manufacturing process. The judge upheld the Collector (Appeals) decision, citing established legal principles that the presence of inputs in the final product is not necessary for Modvat credit eligibility. The judge concluded that mafron gas, used for chilling the polyester film yarn, qualified as an input in the manufacturing process, thereby allowing the Modvat credit benefit.

In conclusion, the judgment upheld the Collector (Appeals) decision, rejecting the Department's appeal and affirming the eligibility of mafron gas for Modvat credit as an essential input in the manufacturing process of polyester film yarn.