2007 (4) TMI 31 - AT - Central Excise

Penalty and Interest Alleged that appellant is not entitle for credit on the molasses and finance oil Held that credit is admissible and no need to reverse it and penalty and interest set aside

Summary

Issues:
- Cenvat credit availed on Molasses
- Cenvat credit on Molasses transferred to distillery section
- Cenvat credit availed on furnace oil
- Central Excise duty/Education Cess on denatured spirit
- Penalty under Rule 15(1) and Rule 25 of Cenvat Credit Rules
- Interest demanded under Section 11AB

Cenvat Credit on Molasses:
The appellant manufactures Sugar and Molasses, using them in the production of Rectified Spirit and Denatured Spirit. The Revenue argued that post-1-3-2005, Rectified Spirit became non-excisable, thus challenging the Cenvat credit availed by the appellant. However, the Tribunal found that Molasses was a common input for both exempted Rectified Spirit and dutiable products. Referring to Rule 6 of Cenvat Credit Rules, the Tribunal held that the appellant's reversal of credit on Molasses used in manufacturing exempted Rectified Spirit was in compliance with the law. Citing precedents, the Tribunal ruled in favor of the appellant, allowing the appeal.

Cenvat Credit on Furnace Oil:
Regarding the Cenvat credit on furnace oil used in generating steam for various processes, including the production of Rectified Spirit and Denatured Spirit, the Tribunal noted that furnace oil was a common input for both exempted and dutiable products. Relying on a previous case law, the Tribunal held that the appellant was entitled to the Modvat credit on furnace oil used in the manufacturing process. Consequently, the Tribunal concluded that there was no requirement to reverse the credit on any portion of furnace oil attributable to Rectified Spirit.

Penalty and Interest:
The Tribunal found no merit in the impugned order, ruling that the credits availed on Molasses and Furnace Oil were legitimate. Consequently, the Tribunal determined that there was no justification for imposing a penalty under Rule 15(1) and Rule 25 of Cenvat Credit Rules or demanding interest under Section 11AB. As a result, the appeal was allowed with consequential relief, if any, and the decision was pronounced in open court on 27-3-2007.