1997 (4) TMI 192 - AT - Central Excise

Summary

Issues:
1. Admissibility of Modvat credit on input 'Mercury' used in the manufacture of Caustic Soda through Electrolysis process.
2. Consideration of scientific analysis in determining the admissibility of Mercury as an input.
3. Interpretation of previous judgments regarding the consumption of Mercury in the manufacturing process.

Analysis:

1. The main issue in this case revolves around the admissibility of Modvat credit on the input 'Mercury' utilized as a cathode in the production of Caustic Soda through the Electrolysis process. The Central Board of Excise & Customs, New Delhi, in Circular No. 54/89-CX. 8, opined that Mercury cannot be considered an input for the manufacture of Caustic Soda due to the losses incurred during the manufacturing process. The Revenue sought a reference to the High Court on this matter.

2. The Tribunal, in its Final Order, referenced the Southern Bench Madras judgment in the case of CCE v. Mettur Chemicals Industries, which held that Mercury, when used as a cathode in the electrolysis process for making Caustic Soda, gets consumed and should be considered an input for the final product. Despite the Revenue's contention that a scientific analysis is necessary, the Tribunal maintained that Mercury is indeed consumed during the manufacturing process, as established in previous judgments.

3. The Tribunal further emphasized that Mercury is consumed in the production of Caustic Soda, as determined in earlier cases like Cominco Binani Zinc Ltd. v. C.C.E. The decision was based on the fact that Mercury is an essential component that undergoes consumption during the manufacturing process. Consequently, the Tribunal dismissed the Revenue's reference application, stating that no legal issue requiring High Court intervention arose from the Final Order. The judgment reiterated the established principle that Mercury is indeed consumed during the manufacturing of Caustic Soda and qualifies as an input for the final product.