1983 (11) TMI 307 - AT - Central Excise

Summary

Issues: Interpretation of Notification No. 201/79 regarding credit for duty paid on raw materials used in manufacturing dutiable and non-dutiable finished products.

In this judgment by the Appellate Tribunal CEGAT MADRAS, the issue revolved around the interpretation of Notification No. 201/79 concerning the allowance of credit for duty paid on raw materials used in the manufacture of both dutiable and non-dutiable finished products. The Assistant Collector disallowed credit to the appellant-company, leading to an appeal. The Collector of Central Excise (Appeals), Madras upheld the disallowance, emphasizing that the benefit of the notification is limited to dutiable finished goods only. The appellant argued that the notification does not expressly prohibit credit in such situations. The Tribunal agreed, stating that the notification does not restrict credit for raw materials used in manufacturing dutiable finished products. They urged the government to consider amending the notification to clarify procedures for such cases.

The Tribunal examined the manufacturing process of the appellant-firm, which involved the production of dutiable products like Pyridine and Alpha Picoline alongside exempted products like Beta Picoline and Gamma Picoline. The manufacturing process did not allow for the identification or segregation of products at various stages. However, the company maintained monthly accounts to track raw materials used and finished products manufactured, enabling the determination of raw materials in dutiable and exempted products. The Tribunal proposed a procedure for calculating the duty paid on raw materials used in manufacturing dutiable products each month based on the company's monthly accounting.

In conclusion, the Tribunal ordered that credit for duty paid on raw materials used in the manufacture of dutiable chemicals be calculated monthly based on the company's accounting records. The credit would be granted at the end of each month for raw materials used in manufacturing dutiable products during that period. For the past period under consideration, the same monthly accounting procedure would be applied based on the appellant company's records.