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TMI Blog2005 (12) TMI 410X X X X Extracts X X X X X X X X Extracts X X X X ..... [Order]. This appeal is directed against the Order-in-Appeal dated 21-1-2004 wherein the appellate authority has set aside the Order-in-Original and disallowed the Modvat credit. 2. The relevant facts that arise for consideration are that the appellants in this case are manufacturers of aerated water. The appellants were using glass bottles and plastic crates in their factory. Up to 31-3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... redit on bottles and crates which are in stock on 31-3-2000. Hence, this appeal. 3. Learned Advocate submits that the provisions of Rule 57AB of Central Excise Rules, 2000 does not debar them from availing credit on the bottles and crates lying in stock as on 31-3-2000 because these goods have become eligible inputs from 1-4-2000. He submits that it is on record and not disputed that bottles and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ely for denial of Modvat credit on these inputs to the aerated water industry, if the value is not included in the assessable value. It is not in dispute that the appellants were not availing Modvat credit on bottles and crates in their factory prior to 31-3-2000. 6. The provisions of Rule 57AB very clearly reads as under :- 57AB. CENVAT credit. (1) A manufacturer or producer of final produ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itional duty of excise leviable under Section 3 of the Additional Duties of Excise (Goods of Special Importance) Act, 1957 (58 of 1957); and (v) the additional duty leviable under Section 3 of the Customs Tariff Act, 1975, equivalent to the duty of excise specified under clauses (i), (ii), (iii) and (iv) above, paid on any inputs or capital goods received in the factory on or after the first ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... turer who is eligible for availment of credit on inputs under Rule 57A 57B or 57Q shall get the Modvat Credit under new rules. 7. Since the appellants were not eligible to avail Modvat credit on glass bottles and plastic crates up to 31-3-2000, they cannot be said to have earned the credit as on 31-3-2000, so that the same can be utilized by them from 1-4-2000. 8. I find that the appellate a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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