2006 (5) TMI 214 - AT - Central Excise

Summary

Issues involved: Dispute regarding CENVAT credit denial based on duty payment on inputs and applicability of Cenvat Credit Rules.

Issue 1 - CENVAT credit denial: The dispute centered around the denial of CENVAT credit for a part of the duty paid on inputs, with the observation that the buyer of the inputs did not bear the duty incidence on special packaging. The Tribunal found that the buyer was entitled to CENVAT credit of duty paid by themselves, as the manufacturer had already discharged the duty on the inputs. The Tribunal noted that the party had not made payment on the concerned duty element, suppressed facts, and utilized inadmissible credit, leading to liability for penal action.

Issue 2 - Applicability of Cenvat Credit Rules: The Tribunal emphasized that Cenvat Credit Rules do not mandate that credit is available only if the burden of duty is borne by the input purchasing manufacturer. Rule 3 of Cenvat Credit Rules, 2002 allows a manufacturer of final products to take credit of duty paid on any inputs or capital goods received in the factory. The Tribunal clarified that the credit available is based on the duty paid on inputs or capital goods, irrespective of whether the buyer pays for the inputs or excise duty due. In this case, the disputed duty amount was paid by the manufacturer of the inputs upon removal.

Conclusion: The Tribunal held that the order of the Commissioner, which denied CENVAT credit based on the buyer not bearing the duty incidence, was contrary to the provisions of Cenvat Credit Rules. Consequently, the order was set aside, and the appeal was allowed with consequential relief to the appellant.