2007 (1) TMI 54 - AT - Central Excise

Cenvat/Modvat Appellant use the raw material for the manufacture of capital good (Meceriser Machine ) and availed credit of duty on it which got exempted after some time and accordingly demanded for reversal of credit on it Held that reversal of credit not allowed on it

Summary

Issues:
- Determination of duty payment exemption for Merceriser machine manufacturing.

Analysis:
The appellant, a manufacturer of textile machineries including Merceriser machines, was under scrutiny for duty payment exemption related to the manufacture of one such machine. The machine was dutiable until 28-2-2002 but later exempted from duty under Notification No. 6/02-C.E. dated 1-3-2002. The appellant had taken credit on raw materials received until 28-2-2002, utilized them, and had some materials and credit balance remaining as of that date. The main contention was whether the credit attributable to inputs utilized before the exemption date should be reversed or not. The appellant argued that credit taken for materials used in machines, which were dutiable until 28-2-2002, should not be denied. The appellant cited relevant judgments to support this claim and disputed the reliance on a different case by the Commissioner (Appeals).

The Tribunal considered that the appellant was entitled to take credit until 28-2-2002 for inputs used in manufacturing dutiable machines. The issue revolved around whether the credit for inputs already utilized in machines, which became exempt from duty from 1-3-2002, should be reversed or not. It was noted that the appellant could not have anticipated the exemption and maintained separate accounts for pre-exemption inputs. Drawing parallels to similar cases, the Tribunal held that when credit is availed and utilized during the period when final products are dutiable, it need not be reversed if the final product is subsequently exempt from duty. Citing previous judgments, the Tribunal allowed the appeal, stating that the appellant should not be required to reverse the credit and be entitled to consequential relief, if any.

In conclusion, the Tribunal ruled in favor of the appellant, allowing the appeal and providing relief regarding the duty payment exemption for the Merceriser machine manufacturing, based on the principles of credit utilization and duty exemption for manufactured goods.