1996 (11) TMI 232 - AT - Central Excise

Summary

Issues:
- Denial of Modvat credit on sulphuric acid used for manufacturing MMA due to the presence of acid in kettle residue.

Analysis:
The appellant, engaged in manufacturing MMA, used concentrated sulphuric acid as a raw material, resulting in the formation of kettle residue containing about 15% sulphuric acid. The department sought to reverse Modvat credit on the duty paid for sulphuric acid due to the presence of acid in the kettle residue, which was later converted into ammonium sulphate. The Commissioner upheld this decision, considering the kettle residue as an intermediate product in the manufacture of exempted ammonium sulphate.

Rule 57D states that credit cannot be denied on inputs contained in waste, refuse, or by-products arising during final product manufacture. The key issue was whether the kettle residue should be classified as an intermediate product or by-product. The Commissioner and the department viewed it as an intermediate product due to its transformation into fertilizer. However, the appellant's primary manufacturing activity was MMA, not fertilizer production. The judgment referenced the Swadeshi Polytex Ltd case, where the Court held that credit cannot be denied on inputs arising unavoidably during the manufacturing process.

The Tribunal found the situation analogous to the Swadeshi Polytex case, emphasizing that kettle residue naturally arises during MMA production and cannot be prevented. Despite its subsequent use in fertilizer production, the residue falls under waste, refuse, or by-product as per Rule 57D. Consequently, the Tribunal set aside the Commissioner's order and allowed the appeal, affirming the appellant's right to Modvat credit on the sulphuric acid used in MMA manufacturing.