2005 (12) TMI 410

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....rers of aerated water. The appellants were using glass bottles and plastic crates in their factory. Up to 31-3-2000 the appellants were not eligible for Modvat credit on these glass bottles and plastic crates. From 1-4-2000 Modvat rules changed and the appellants were eligible for credit on these bottles and crates. The appellants availed credit of the duty paid on the bottles and plastic crates which are lying in stock as on 31-3-2000. Show cause notice was issued to the appellants denying the benefit of Modvat credit on the ground that these goods were received prior to 1-4-2000 and hence not eligible for Modvat credit. The adjudicating authority held in favour of the appellants based on some report by the Asst. Commissioner. Aggrieved by....

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....ble 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 products shall be allowed to take credit (hereinafter referred to as the CENVAT credit) of, - (i)      the duty of excise specified in the First Schedule to the Central Excise Tariff Act, 1985 (5 of 1986) (hereinafter referred to as the said First Schedule), leviable under the Act; (ii)    the duty of excise specified in the Second Schedule to the Central Excise Tariff Act, 1985, leviable under the Central Excise Ac....