2010 (6) TMI 683 - AT - Central Excise

Summary

Issues involved: Interpretation of Rule 16 of the Central Excise Rules, 2002 regarding credit of duty on goods received for reconditioning and repairing; validity of demand of duty, interest, and penalty by the department.

Summary:
The case involved an applicant with multiple factories and depots, including one in NOIDA, receiving goods for reconditioning and repair under Rule 16 of the Central Excise Rules, 2002. The department alleged that the credit taken under Rule 16 was not supported by "admissible documents," leading to a demand of duty, interest, and penalty. The Commissioner (Appeals) upheld this decision.

The applicant argued that Rule 16 allows for credit of duty on goods cleared earlier for reconditioning, independent of the procedural rigour of the Cenvat Credit Rules. They contested the Commissioner's findings regarding the registration of depots and the applicability of Rule 11 of the Central Excise Rules to goods returned under Rule 16.

The department contended that the documents for the received goods were for transfer purposes, and no sale documents indicating the duty involved were provided by the applicant.

Upon considering the submissions, the Tribunal found that Rule 16 provides a distinct facility for treating goods received for reconditioning as if inputs, allowing credit of duty paid by the original manufacturer. The Tribunal disagreed with the Commissioner's grounds for rejecting the appeal, stating that Rule 11 does not apply to goods returned under Rule 16. The documents showed invoices issued for depot transfers with duty paid by the manufacturing units. Consequently, the Tribunal ordered a waiver of pre-deposit and stay on recovery of dues until the appeal's disposal.