1998 (4) TMI 219 - AT - Central Excise

Summary

Issues:
Appeal against orders-in-appeals denying Modvat credit for plastic film and paper poly used in testing packing machines.

Analysis:
The appeals raised a common question of law regarding the denial of Modvat credit for inputs used in the manufacture of packing machines. The appellants, engaged in manufacturing packing machines, availed Modvat credit for laminated plastic film and paper poly used in the manufacturing process. However, this benefit was denied by the Commissioner (Appeals) on the grounds that these inputs were not directly related to the final product. The Chartered Accountant representing the appellants argued that the plastic film and paper poly were essential for testing the packing machines, even though not entered in the RG 1 stage, and thus should be eligible for Modvat credit under rule 57A of the Central Excise Rules, 1944. He cited precedents such as M/s. ASCO Industrial Corporation and M/s. Walchand Nagar Indus. Ltd. where inputs used for testing final products were deemed eligible for Modvat credit.

The Revenue, represented by the JDR, contended that a previous Tribunal order in the appellants' case had already rejected the claim for Modvat credit on plastic film and paper poly used for testing packing machines. The Tribunal, considering the Supreme Court's decision in J.K. Spinning and Weaving Mills v. STO and its own ruling in C.C.E. v. Resch Extrusion Technic (I) Ltd., held that Modvat credit for these items was not permissible as they were used solely for testing purposes. The Chartered Accountant for the appellants mentioned that they had filed a reference application in the Tribunal, which was rejected. Subsequently, they filed a Writ Petition in the High Court, leading to a direction to the Tribunal to refer the question of law on the eligibility of duties paid on plastic film and poly paper for Modvat credit under rule 57A.

In light of the arguments presented and the precedents cited, the Tribunal found no fault with the order denying Modvat credit for plastic film and paper poly used in testing packing machines. The Tribunal's decision was based on the previous ruling in the appellants' case and the directions from the High Court to refer the legal question without staying the operation of the earlier order. Consequently, the appeals were dismissed, upholding the denial of Modvat credit for the inputs in question.