COLLECTOR OF CENTRAL EXCISE Vs. LUDHIANA BOTTLING CO.
LAWS(CE)-1991-10-27
CUSTOMS EXCISE AND GOLD(CONTROL) APPELLATE TRIBUNAL
Decided on October 10,1991

COLLECTOR OF CENTRAL EXCISE Appellant
VERSUS
Ludhiana Bottling Co. Respondents

JUDGEMENT

P.K. Kapoor, Member (T) - (1.) SINCE these appeals involve the same issue, they are being disposed of by this common order.
(2.) THE facts of the case are that the respondents availed of Modvat Credit on Crown Corks used as inputs in relation to the bottling of beverages marketed under the brand name 'Mazza'. Some of the Crown Corks which were found to be unfit for use during the process of filling the fruit juice in bottles were treated as 'wasted'. The Assistant Collector disallowed the Modvat Credit availed by the respondents on the grounds that Rule 57D covers situations wherein a part of the input is contained in the waste, refuse or bye -product, whereas in the respondents' case complete pieces of the Crown Corks had been discarded as damaged or unfit for use. In the impugned order the Collector (Appeals) while setting aside the Order passed by the Assistant Collector, held that in the manufacture of beverages, capping of bottles could be deemed as a process in relation to the manufacture of the final product, and any wastage arising as a result thereof would be eligible for Modvat Credit.
(3.) ON behalf of the Revenue, the learned JDR, Shri S.K. Sharma, stated that for the purposes of Rule 57D, the input should be contained in the waste, refuse or byproduct. He contended that in this case, the position was different since the respondents for their own convenience had chosen not to use the Crown Corks in question as inputs in relation to the manufacture of the final product even though they could not be deemed as damaged or forming a part of waste or refuse. Appearing on behalf of the respondents, the learned Advocate, Shri K.K. Anand, slated that it was an admitted fact that the Crown Corks on which Modvat Credit was availed were wasted on account of having been damaged while being used as input during bottling of beverages or manufacture of the final product. He added that in the impugned Order the Collector (Appeals) had accepted that Crown Corks were being used by the appellant as inputs in relation to the manufacture of beverages. On these grounds he contended that in terms of Rule 57D(1) Modvat Credit on Crown Corks wasted or rendered unfit for use during the bottling of beverages in the appellant's factory was admissible.;


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