2008 (10) TMI 455 - AT - Central Excise

Cenvat/Modvat - removal of Capital goods after use - Held that - the capital goods namely tools and dies were removed by the respondents after they had been used for some time - Rule 3(5) of CCR, 2004 did not apply to removals of worn-out capital goods. The respondents were not required to pay duty when the used capital goods were sold - appeal dismissed - decided against Revenue.

Summary

Issues:
1. Interpretation of Rule 3(4) of Cenvat Credit Rules, 2004 regarding reversal of credit on removal of capital goods.
2. Application of Rule 3(5) of CCR, 2004 on removal of used capital goods.

Issue 1 - Interpretation of Rule 3(4) of Cenvat Credit Rules, 2004 regarding reversal of credit on removal of capital goods:

The case involved M/s. L.G. Balakrishnan & Bros. removing capital goods like tools and dies and availing credit on duty paid when received in the factory. The original authority demanded payment of Rs. 13,205 (with interest) for short-payment compared to the credit availed, citing Rule 3(4) requiring reversal of entire credit on removal. However, the Commissioner (Appeals) held that no reversal was needed for used Cenvated capital goods upon removal, granting relief to the respondents.

Issue 2 - Application of Rule 3(5) of CCR, 2004 on removal of used capital goods:

The appeal by the Revenue sought to vacate the Commissioner's order and restore the original authority's decision based on Rule 3(5) of CCR, 2004. Rule 3(5) states that when inputs or capital goods with Cenvat credit are removed as such, the manufacturer must pay an amount equal to the credit availed. Referring to a precedent, it was established that used capital goods were not to be considered as capital goods "as such." Therefore, in the present case, where used tools and dies were removed by the respondents, Rule 3(5) did not apply to worn-out capital goods, entitling the respondents to a refund of the duty paid upon removal. The judgment dismissed the Revenue's appeal, upholding the Commissioner's decision as consistent with statutory provisions.

In conclusion, the judgment clarified the application of rules concerning the reversal of credit on removal of capital goods and the payment obligation on used capital goods, ultimately ruling in favor of the respondents and dismissing the Revenue's appeal.