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        Central Excise

        1996 (4) TMI 200 - AT - Central Excise

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        Modvat credit denied for polythene film used only to cover finished aerated water bottles in transit. Polythene film used only to cover already manufactured aerated water bottles in a take-away pack was not an input or packing material for Modvat credit ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                            Modvat credit denied for polythene film used only to cover finished aerated water bottles in transit.

                            Polythene film used only to cover already manufactured aerated water bottles in a take-away pack was not an input or packing material for Modvat credit under Rule 57A. The bottles were complete goods before the film was applied, having already been entered in the RG-1 register, and the film served only a transport-covering function. Because it was not used in or in relation to manufacture of the final product, it did not satisfy the statutory test for Modvat eligibility. The cited authorities were found inapplicable on these facts, and the credit claim failed.




                            Issues: Whether polythene film used to cover aerated water bottles in a take-away pack was an eligible input or packing material for availment of Modvat credit under Rule 57A.

                            Analysis: The polythene film was used only after the aerated water bottles had already been manufactured and entered in the RG-1 register. The bottles were complete goods before being placed in the take-away tray, and the material was used only to cover the pack for transport. Since the bottle was the relevant packing element for the aerated water and the film was not used in or in relation to manufacture of the final product, it did not answer the description of an input under Rule 57A. The cited authorities were held to be inapplicable on the facts.

                            Conclusion: The polythene film was not an input or packing material eligible for Modvat credit under Rule 57A, and the claim failed.


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