2004 (5) TMI 366 - AT - Central Excise

Tribunal allows appeal on Modvat credit for syringes in pharmaceutical manufacturing

The Tribunal allowed the appeal in favor of the appellants regarding the interpretation of Modvat credit for disposable syringes and needles used in ... Cenvat/Modvat Issues:1. Interpretation of Modvat credit in relation to disposable syringes and needles.2. Classification of disposable syringes and needles as packing material.3. Application of Chapter Note V to Chapter 30 of the Central Excise Tariff.Analysis:1. The case involved the interpretation of Modvat credit in relation to disposable syringes and needles used in the manufacture of pharmaceutical products. The Tribunal referred to conflicting views in previous cases where the benefit of Modvat credit was both denied and allowed for similar items. The appellants claimed credit for disposable syringes and needles as input for manufacturing Metadec Injection. The Tribunal emphasized that there is no separate definition in Central Excise law for the levy of duty and granting input credit.2. The appellants contended that the disposable syringes and needles were cleared in a 'blister pack' with the medicine and the value of these items was included in the assessable value of the medicines. They argued that the process undertaken by them amounted to manufacture, citing a previous decision where input credit was allowed for goods whose value was included in the assessable value of the final product. The Tribunal noted that in this case, the disposable syringes and needles were not claimed as packing material but as part of the manufacturing process, leading to a different consideration than previous cases.3. The Tribunal examined the application of Chapter Note V to Chapter 30 of the Central Excise Tariff, which states that any treatment to render a product marketable to the consumer shall amount to manufacture. The Revenue treated the process of packing medicines with disposable syringes and needles as a manufacturing process subject to duty. As the value of disposable syringes and needles was added to the assessable value of the final product, the Tribunal held that the Revenue could not deny the Modvat credit claim for these items. Consequently, the impugned order was set aside, and the appeal was allowed in favor of the appellants.