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2009 (6) TMI 781 - AT - Central Excise
Issues involved: Application for waiver of pre-deposit of duty, interest, and penalty u/s Rule 4(5) of the Cenvat Credit Rules, 2004.
Summary: Issue 1: Recovery of excess material cost from job worker The applicants sent inputs/partly finished goods to job workers for further processing. Job worker used excess materials on which Cenvat credit was availed. Applicants recovered the cost of excess material from job worker through debit note. The issue was whether recovery of cost for excess consumption constitutes reversal of Cenvat credit. Judgment: Recovery of cost from job worker for excess material not used in job work activity requires reversal of Cenvat credit as per Rule 3 of Cenvat Credit Rules, 2004. Issue 2: Compliance with Rule 4(5)(a) of Cenvat Credit Rules, 2004 Rule 4(5)(a) allows sending inputs to job worker for further processing, with a requirement to receive them back within 180 days. Failure to receive back within stipulated time necessitates payment equivalent to Cenvat credit. The issue was whether applicants complied with this rule. Judgment: Applicants issued debit notes for excess material to job worker, indicating non-receipt of material back within prescribed time. Compliance with Rule 4(5)(a) was questioned. Issue 3: Prima facie case for waiver of pre-deposit Applicants argued that recovery from job worker was due to deviations from standard consumption norms, not less yield. They contended that the issues were debatable and made a prima facie case for waiver of pre-deposit of duty, interest, and penalty. Judgment: Tribunal found applicants' arguments persuasive and allowed waiver of pre-deposit of duty, interest, and penalty until final disposal of appeals. This judgment by the Appellate Tribunal CESTAT, Mumbai, in 2009, addressed the recovery of excess material cost from a job worker, compliance with Rule 4(5)(a) of the Cenvat Credit Rules, 2004, and the grant of waiver of pre-deposit based on a prima facie case presented by the applicants.
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