2006 (11) TMI 60 - AT - Central Excise

Cenvat/Modvat credit - Appellant on bonafide belief that he doesn t liable to avail the Cenvat credit on SED and latter he demanded for that Department deny for the credit - After considering all the facts department plea would be rejected

Summary

Issues:
1. Availment of Modvat credit of Special Excise duty by the respondent.
2. Denial of credit of Special Excise duties by the Revenue.
3. Interpretation of Rule 4 of Cenvat Credit Rules, 2002 regarding the time limit for availing Cenvat credit.

Analysis:
1. The respondent received consignments of Hexane and initially took credit of only Basic Excise duties, assuming credit for Special Excise duties was not available for their final products. Subsequently, they realized their mistake and availed credit for both Basic and Special Excise duties. The Revenue issued show-cause notices to deny the credit of Special Excise duties. The Commissioner (Appeals) allowed the credit, leading to the Revenue's appeal.

2. The Commissioner (Appeals) noted that while Rule 4 of Cenvat Credit Rules, 2002 does not specify a time limit for availing Cenvat credit, it emphasizes taking credit "immediately" upon receipt of inputs in the factory. The Revenue argued for the immediate availing of credit as per the rule. However, the Commissioner found that the manufacturer can take credit at the earliest opportunity upon receiving invoices in the factory, and delayed credit does not warrant denial.

3. The Commissioner further highlighted that the inputs were duly recorded, and Basic Excise duty credit was taken promptly. The delay in availing Special Excise duty credit was due to a misunderstanding, rectified upon realizing the availability of such credit for discharging Basic Excise duty. The Commissioner referenced previous tribunal decisions supporting the allowance of credit in similar procedural lapses. The Commissioner concluded that the delayed credit was a mere paper accounting issue without manipulation, aligning with tribunal precedents, and upheld the Commissioner (Appeals) decision to allow the credit.

This detailed analysis of the judgment provides insights into the issues surrounding the Modvat credit of Special Excise duty, the denial of credit by the Revenue, and the interpretation of Rule 4 of Cenvat Credit Rules, 2002 regarding the time limit for availing Cenvat credit.