2007 (8) TMI 560 - AT - Central Excise

Summary

Issues involved:
The issues involved in this judgment include waiver of pre-deposit and stay of recovery in respect of duty and penalty amounts, utilization of CENVAT credit on capital goods and inputs by job workers, admissibility of CENVAT credit to job workers for job-worked goods, distinction between job-worked goods and goods exempted from duty, and denial of capital goods credit due to non-receipt of inputs.

Details of the judgment:

1. The applications sought waiver of pre-deposit and stay of recovery regarding duty and penalty amounts. The appeals were disposed of finally as the common issue was covered by previous decisions. The department's request for a future hearing was not accepted as it was not shown that the case law cited had been appealed against.

2. The appellants manufactured machine forgings on a job-work basis and supplied them to principal manufacturers without paying duty. The department objected, alleging that CENVAT credit on inputs used in the job-worked goods would not be available. The original authority upheld these allegations, leading to the present appeals.

3. The appellants cited a previous case where a similar issue was decided against the Revenue. The department relied on a different decision. After considering the submissions, it was noted that the question of CENVAT credit for job workers was already covered by previous decisions favoring the respondents.

4. The question of CENVAT credit for job workers was examined, and previous decisions were cited to support the respondents' position. The capital goods in question were deemed eligible for credit if used in future manufacturing activities subject to duty payment.

5. The similarity between the CENVAT Credit Rules, 2004, and the erstwhile Central Excise Rules, 1994, was noted. The job-worked goods cleared by the appellants were not considered exempt from duty, leading to a decision in favor of the party.

6. In another issue, capital goods credit was denied due to non-receipt of inputs, which was admitted by the party. The decision to deny this credit was upheld.

7. The appeals were allowed in part, with one appeal being partly allowed based on the considerations and findings outlined in the judgment.