2010 (7) TMI 870 - AT - Central Excise

Pre-deposit - CENVAT credit - manufacture of exempt goods - Parts captively used for manufacture of tractor for export - demand - Held that - the appellants have not made out a case for total waiver of pre-deposit. Accordingly, we direct them to pre-deposit an amount of ₹ 7.5 crores (Rupees Seven crore Fifty lakhs) (50% approximately of the disputed amount) - appeal disposed off - decided partly in favor of appellant.

Summary

Issues:
- Appellants using dutiable inputs for manufacturing tractors, some sold domestically and some exported, leading to disputed demands.
- Department's contention on credit of input duty for exported tractors.
- Department's argument on duty payment for parts used in manufacturing tractors for export.
- Prima facie view on departmental contention and pre-deposit requirement.

Analysis:
The judgment addresses appeals involving common issues related to the utilization of dutiable inputs by the appellants in manufacturing tractors, some for domestic sale and some for export. The department raised demands totaling Rs. 40 crores, primarily based on two grounds. The first ground, amounting to about Rs. 25 crores, questions the appellants' entitlement to credit of input duty on exported tractors that are exempt from excise duty. The tribunal found this contention not prima facie tenable, citing relevant legal precedents. However, the second ground raised by the department concerns duty payment on parts used in manufacturing tractors for export. The department argued that since the tractors are exempt from excise duty, the appellants cannot pay duty on the parts used, as per Section 5A of the Central Excise Act, 1944. Therefore, the appellants cannot take duty credit on inputs used in such parts. After hearing both sides, the tribunal found the department's contention sustainable. Consequently, the tribunal directed the appellants to pre-deposit Rs. 7.5 crores (50% of the disputed amount) within 8 weeks, with compliance required by a specified date. Upon compliance, the tribunal waived the pre-deposit of the remaining amount during the appeal's pendency.