2008 (4) TMI 644 - AT - Central Excise

Summary

Issues:
The appeal challenges the disallowance of Cenvat credit on capital goods u/s Rule 4(3) and the Revenue's objection regarding the utilization of the Cenvat credit.

Cenvat Credit on Capital Goods (Rule 4(3)):
The appeal contests the disallowance of Cenvat credit amounting to Rs. 28,40,122/- on capital goods, specifically moulds and dies, imported by M/s. Hindustan Lever Limited (HLL) and utilized by the appellants for manufacturing toothbrushes. The Revenue's basis for disallowance is the interpretation of Rule 4(3), which they argue restricts Cenvat credit to capital goods supplied under lease, hire purchase, or loan agreement by a financing company. However, the Tribunal finds that the Revenue's interpretation is flawed, citing the precedent set in CCE, Pune-I v. Kalyani Seamless Tubes Ltd. The Tribunal asserts that the rule does not exclude situations where capital goods are provided by entities like HLL for manufacturing purposes. Additionally, the Tribunal references the decision in Urastan Metal Industries Pvt. Ltd. to support the validity of the endorsement of the bill of entry in this case.

Utilization of Cenvat Credit:
The Revenue also raised an objection regarding the appellants reimbursing a percentage of the Cenvat credit instead of utilizing it towards the payment of Central Excise duty. However, the Tribunal emphasizes that the key issue is the eligibility of the appellants for the Cenvat credit, not the specific utilization of the credit. The Tribunal clarifies that separate transactions related to the payment for machinery usage or cost do not impact the admissibility of Cenvat credit. Once the eligibility for Cenvat credit is established, other objections raised by the Revenue become irrelevant. Consequently, the appeal is allowed in favor of the appellants, granting them consequential relief.

(Separate Judgment by Judge):
The judgment was pronounced in court by B.S.V. Murthy, Member (T).