2009 (1) TMI 610 - AT - Central Excise

Summary

Issues involved:
Three issues involved in the appeal:
1. Transfer of capital goods from Unit-I to Units-II & III without reversing credit.
2. Excess credit availed in respect of transfer.
3. Credit taken by Unit-III on inputs for job work.

Issue 1 - Transfer of capital goods:
The appellants transferred capital goods from Unit-I to Unit-II without reversing the credit of Rs. 2,89,308. The appellant's representative argued that the transfer was revenue neutral as Unit-II was eligible for the credit. The Tribunal found that if the credit was to be reversed, Unit-II would have taken it immediately. The omission was considered procedural, and the consequences could be a penalty, not a duty demand. The Tribunal referred to relevant decisions supporting the appellant's case. Issue 1 was decided in favor of the appellants.

Issue 2 - Excess credit availed:
The appellants had taken Rs. 35,352 as credit instead of the admissible 50% immediately upon receipt of capital goods. The appellant's representative admitted this was an omission. The Tribunal found that demanding the full duty amount was incorrect. Instead, interest for the period of irregular credit availability should have been demanded. The matter was remanded to calculate the actual interest payable. Penalties imposed under Section 11AC were set aside. Issue 2 was partially decided in favor of the appellants.

Issue 3 - Credit taken by Unit-III:
Unit-III had taken credit on inputs for job work, which the Department argued should have been reversed when transferred from Unit-I. The Tribunal held that the credit taken by Unit-III was proper based on a decision cited by the appellant's representative. Issue 3 was decided in favor of the appellants.

This judgment by the Appellate Tribunal CESTAT, Ahmedabad, pronounced on 2-10-2009, addressed the issues related to the transfer of capital goods, excess credit availed, and credit taken by Unit-III. The Tribunal ruled in favor of the appellants on issues 1 and 3, while partially favoring them on issue 2.