2006 (12) TMI 412 - AT - Central Excise

Summary

Issues involved: Challenge to order upholding Cenvat credit and penalty drop.

The judgment by the Appellate Tribunal CESTAT, New Delhi involved a challenge by the Revenue against the order of the Commissioner (Appeals) upholding the dropping of proceedings proposing Cenvat credit of Rs. 3,06,323/- and imposition of penalty.

Issue 1: Correct availing of Cenvat credit on furnace oil/residual fuel oil.

The learned Commissioner (Appeals) held that the respondent correctly availed/utilized Cenvat credit on furnace oil/residual fuel oil used as fuel inputs by the job worker. It was found that the benefit should go to the respondents based on a previous Tribunal decision in Zenith Die Cast Pvt. Ltd. v. CCE, Bangalore.

Issue 2: Interpretation of Rule 6 of the Cenvat Credit Rules, 2002.

Under Rule 6(1), Cenvat credit is not allowable on inputs used in the manufacture of exempted goods, except in specific circumstances mentioned in sub-rule (2). The Notification No. 214/86-C.E. exempts goods manufactured in a factory as a job worker, with exceptions. The question arose whether entitlement to Cenvat credit arises in the manufacture of exempted goods.

Issue 3: Applicability of previous Tribunal decision to Rule 6.

The division bench of the Tribunal in Zenith Die Cast Pvt. Ltd. was concerned with Modvat credit in a different context. The question of whether this decision applies to Rule 6 and the present case was raised, warranting consideration by a larger bench for a decision on the appeal.

In conclusion, the Tribunal directed the matter to be placed before the President for constituting a larger bench to decide the issue of applying the previous decision to Rule 6 in the context of the present case.