2009 (5) TMI 748 - AT - Central Excise

Summary

Issues:
1. Disallowance of Cenvat credit on capital goods.
2. Interpretation of Rule 4(3) of Cenvat Credit Rules, 2004.
3. Prima facie consideration of the appellants' case.

Analysis:

1. The appellants were denied Cenvat credit amounting to Rs. 1,42,78,588/- on capital goods due to alleged wrong availment. The goods were purchased from M/s. ITC Ltd., with whom the appellants had an agreement for manufacturing confectionary items. The Revenue contended that since the capital goods were in the name of M/s. ITC Ltd., the credit was disallowed. However, during investigation, it was revealed that M/s. ITC Ltd. provided the machinery to the appellants under a separate hire agreement. The issue revolved around the disallowance of credit based on ownership of the capital goods.

2. The crux of the matter lay in the interpretation of Rule 4(3) of the Cenvat Credit Rules, 2004. The appellants argued that the rule allowed for Cenvat credit on capital goods even if acquired through lease, hire, or loan agreement from a financing company. They contended that the rule did not specify that credit was inapplicable if the machinery was hired from a non-financing company. The Revenue, however, maintained that the matter was open to interpretation and required detailed consideration. The Tribunal found merit in the appellants' argument, noting that the rule extended the benefit even in cases of machinery hired from a financing company. Citing precedents and the provisions of the rule, the Tribunal waived the requirement of pre-deposit and stayed the recovery of the duty amount demanded as well as the penalty during the appeal process.

3. The Tribunal, after considering the arguments presented by both parties, found a strong prima facie case in favor of the appellants. It noted that the interpretation by the Revenue was not warranted, especially in light of the provisions of Rule 4(3) and the decisions cited by the appellants. Drawing parallels with a previous case where pre-deposit was waived, the Tribunal ruled in favor of the appellants, allowing them to proceed with the appeal without the need for immediate payment of the duty amount demanded and penalty.