2007 (3) TMI 29 - AT - Central Excise

Tribunal affirms delay due to flood & soap dish qualifies for duty credit in manufacturing process

The Tribunal rejected the Revenue's appeal, affirming the Commissioner (Appeals)'s decisions regarding the delay in filing the appeal due to a flood and ... Cenvat/Modvat – Revenue contended that the credit of duty doesnot provide in respect of the soap dish in a unipack of soap with dish – Commissioner(Appeals) after considering the details rejected the revenue contention and allow the credit Issues:Delay in filing appeal due to natural calamity, availability of credit of duty for soap dish in a unipack of soap.Delay in filing appeal due to natural calamity:The Commissioner (Appeals) had condoned the delay in filing the appeal against the Order-in-Original due to a flood, considering it a reasonable cause for the delay. The Tribunal found no issue with this decision, stating that there was no infirmity in the Commissioner's view.Availability of credit of duty for soap dish in a unipack of soap:The dispute centered around whether the soap dish in a unipack of soap qualified as an 'input' for availing duty credit. The Commissioner (Appeals) allowed the credit, emphasizing that the soap dish was part of a market strategy to make the soap marketable, thus constituting a manufacturing process. The Tribunal upheld this decision, noting that the unipack containing both soap and dish was a final marketable product subject to excise duty, regardless of the soap's independent marketability.Conclusion:The Tribunal rejected the Revenue's appeal, affirming the Commissioner (Appeals)'s decisions regarding the delay in filing the appeal and the availability of duty credit for the soap dish in a unipack of soap.