2005 (2) TMI 674 - AT - Central Excise

Summary

Issues:
1. Entitlement to avail credit of AED (GSI) prior to 1-4-2000.

Analysis:
The judgment by the Appellate Tribunal CESTAT, Mumbai, revolved around the issue of whether the appellant could avail the credit of AED (GSI) before 1-4-2000. The amendment of the Cenvat Credit Rules, 2002, through Clause 88 of the Finance (No. 2) Act 2004 was crucial in this matter. This amendment retrospectively impacted the Explanation to clause (b) of sub-rule (6) of rule 3, allowing the credit of the additional duty of excise paid on or after 1st April 2000 to be utilized for excise duty payment under the Central Excise Tariff Act. The Second Schedule detailed the provisions amended, specifying the date of effect as 1st March 2003.

Furthermore, the notes on clause concerning the credit of AED (GSI) clarified that the amendment made in the Cenvat Excise Rules, 2002, from 1-4-2003 onwards only allowed AED (GSI) paid on inputs after 1-4-2000 to be eligible for utilization towards Cenvat duty payment. Any credit taken on inputs with duty paid before this date would be recoverable. The judgment emphasized that no credit could be availed on inputs with duty paid pre-1-4-2000, and any such availed credit would need to be recovered.

Consequently, the Tribunal directed the appellant to deposit Rs. 25 Lakhs towards the duty amount by 31-3-2005. Upon compliance and reporting by 12-4-2005, the pre-deposit of the balance duty amount and penalty would be waived. The appeal was scheduled for a final hearing on 25-4-2005, subject to the specified compliance. This comprehensive analysis of the judgment highlights the legal intricacies and implications of the appellant's entitlement to credit of AED (GSI) before 1-4-2000 as per the relevant legislative amendments and provisions.