Tolerance of breakage of bottles due to handling during storage and clearance-reg.

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....To, All Director Generals, All Chief Commissioners of Central Excise (including LTU), All Commissioners of Central Excise (including LTU). Sir/ Madam, Subject: Tolerance of breakage of bottles due to handling during storage and clearance-reg. It has been brought to the notice of the Board that some of the manufacturers of bottled beverages are claiming the benefit of duty exempti....

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....sued primarily in the context of use of glass bottles. At the relevant time, the scheme of Modvat/CENVAT credit was not available to the assessees and, therefore, there was no issue of reversal of credit taken on bottles, which were subsequently broken/ destroyed. After the introduction of MODVAT and subsequent replacement of the same with CENVAT, any circular, instruction or provision inconsisten....

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....ken/ destroyed then remission can be claimed and if the bottle (input) is written off by the assessee as destroyed, the same is required to be dealt with as per the provisions of Rule 3(5B) of CENVAT Credit Rules, 2004. 3. In view of above, the application of the letters/ instructions quoted in para 1 above, in the said judicial pronouncements, without recourse to the aforesaid provisions of la....