2008 (4) TMI 637 - AT - Central Excise

Summary

Issues:
1. Admissibility of Cenvat credit on central excise duty paid on inputs used in water treatment.
2. Interpretation of show cause notice and order in appeal regarding the eligibility for Cenvat credit.

Analysis:
1. The appeal challenged the decision regarding the admissibility of Cenvat credit on central excise duty paid on inputs used in water treatment for various activities. The Commissioner (Appeals) ruled that the credit is not available for non-excisable activities, and only the proportionate quantity of water utilized by the clinker unit is eligible for credit. However, the Commissioner did not specify the applicable proportion. The appellant argued that the Commissioner exceeded the show cause notice's scope and disputed the assertion that treated water was supplied to both excisable and non-excisable activities. The show cause notice mentioned the use of inputs for manufacturing mineral water outside the registered premises, exempt from duty, making the appellants ineligible for Cenvat credit. The Tribunal agreed with the appellant's contention that the Commissioner's order went beyond the show cause notice and original order, necessitating a remand to reexamine the issue based solely on the facts raised in the notice and original order.

2. The Tribunal emphasized the importance of aligning decisions with the specifics outlined in show cause notices and original orders to ensure procedural fairness and legal accuracy. By remanding the case for a reevaluation based on the initial facts presented, the Tribunal aimed to address any discrepancies in the interpretation of eligibility for Cenvat credit, particularly concerning the use of inputs for excisable and non-excisable activities. This detailed analysis underscores the significance of adherence to procedural guidelines and the need for precise determination of credit eligibility based on the specific circumstances outlined in the relevant legal documents.