1996 (5) TMI 216 - AT - Central Excise

Summary

Issues:
Admissibility of Modvat credit on Hessian Cloth and Mobil Oil.

Analysis:

The appeal was filed by M/s. Pragati Paper Mills P. Ltd. against the order-in-appeal dated 31-1-1996, where the Commissioner (Appeals) rejected their contentions regarding the admissibility of Modvat credit on Hessian Cloth and Mobil Oil. The Assistant Commissioner of Central Excise, Division II, Ghaziabad had also confirmed the finding against the appellants.

Shri R.S. Pandey, the consultant for the appellants, argued that Hessian Cloth should be eligible for Modvat credit as it is used as packaging material, which is included in the definition of "inputs" under Rule 57A of the Central Excise Rules, 1944. Regarding Mobil Oil, it was contended that it is used in lubricating the machines and machinery for manufacturing activities, citing relevant legal precedents to support their claim.

On the other hand, Shri S.N. Ojha, the learned DR, opposed the submissions. He argued that Modvat credit for Hessian Cloth would not be admissible as the particular chapter under which it falls is excluded in Notification No. 5/94. Regarding Mobil Oil, he contended that its use was not directly in the manufacturing process of the final product but only in relation to the plant and machinery, which should not qualify for Modvat credit.

The Tribunal analyzed the arguments and held that Modvat credit for Hessian Cloth was not admissible as the specific packaging material falling under an excluded chapter could not claim the benefit under the relevant notification. However, concerning Mobil Oil, the Tribunal found that its use was indeed in relation to the manufacture of the final product, even if not directly in the manufacturing process. Referring to legal precedents, including the scope of the term "in relation to the manufacture," the Tribunal concluded that the use of Mobil Oil was integral to the manufacturing process of paper and allowed the appeal partially, granting Modvat credit for Mobil Oil.

In conclusion, the Tribunal upheld the decision regarding Hessian Cloth but allowed the appeal partially concerning Mobil Oil, granting Modvat credit for the latter based on its integral relation to the manufacturing process of the final product.