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2008 (1) TMI 770 - AT - Central Excise100% EOU - Cenvat/Modvat credit - Inputs - job-work - Held that - waste and scrap were not manufactured goods and hence they cannot be denied with the benefit of Cenvat credit - appeal allowed.
Issues:
1. Interpretation of Cenvat credit rules regarding the return of waste/scrap generated during manufacturing processes. 2. Eligibility of Cenvat credit on waste/scrap produced within the factory premises. Issue 1: Interpretation of Cenvat credit rules regarding waste/scrap return In the case of Forbes Aqua Tech Ltd., the issue revolved around the interpretation of Cenvat credit rules concerning the return of waste/scrap generated during manufacturing processes. The appellant argued that the amendment to Rule 4(5)(a) deleted the requirement for waste to be returned to the factory, focusing only on the return of the final product within 180 days. The appellant relied on a Board clarification stating that Cenvat credit cannot be denied on waste/refuse or by-product. The counsel referenced a previous ruling to support the claim that the appellant was eligible for Cenvat credit on waste produced during the manufacturing of the final product. The Tribunal found in favor of the appellant, stating that the amended rule did not specify the return of waste/scrap and allowed the appeal. Issue 2: Eligibility of Cenvat credit on waste/scrap within factory premises In the case of Patspin India Pvt. Ltd., the issue was whether the appellant, a 100% EOU, could avail Cenvat credit on waste/scrap produced within the factory premises. The counsel cited a previous ruling to argue that waste and scrap were not manufactured goods, thus eligible for Cenvat credit. The Tribunal applied the ratio of the cited judgment and set aside the impugned order, allowing the appeal. The judgment emphasized that waste and scrap were not considered manufactured goods, aligning with the interpretation provided in the previous ruling. The ruling clarified that the processes involved in generating waste and scrap did not amount to manufacturing new products, supporting the eligibility of Cenvat credit on such waste/scrap.
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