2014 (1) TMI 1646 - HC - Central Excise

Availment of CENVAT Credit - Non payment of excise duty - Held that - As per Section 73 sub-section (2) of the Finance Act 2010 the assessee has to make an application to the Commissioner of Central Excise along with documentary evidence and a Certificate from the Chartered Accountant or a Cost Accountant certifying the amount of input credit attributable to the inputs used in or in relation to the manufacture of exempted goods within a period of six months from the date on which the Finance Bill 2010 received the assent of the President. - assessee had reversed the credit even prior to the amendment and the order of the Tribunal is in fact no different from what is contemplated under the Finance Act 2010 - Decided against Revenue.

Summary

Issues:
1. Entitlement to Cenvat credit on inputs used in the manufacture of exempted goods
2. Interpretation of Rule 6(1) of Cenvat Credit Rules, 2004
3. Applicability of a specific judgment in a different case

Entitlement to Cenvat Credit on Inputs:
The Revenue appealed against the Tribunal's decision allowing the assessee's appeal for Cenvat credit on inputs used in manufacturing exempted goods cleared without duty payment. The Tribunal's decision was based on the Apex Court's ruling in Chandrapur Magnet Wires case, stating that when credit for inputs in exempted products is reversed, no demand on sale price is justified under Rule 6. The Tribunal held that when credit was reversed, it was as if no credit was taken at all. The Revenue challenged this decision.

Interpretation of Rule 6(1) of Cenvat Credit Rules:
The Court examined an amendment to Rule 6 under Section 73 of the Finance Act, 2010, which was made with retrospective effect from September 2004. The amendment introduced sub-rule (7), allowing manufacturers to pay an amount equivalent to the Cenvat credit on inputs used in exempted goods. The manufacturer had to pay interest if the payment was delayed. The Court noted that the assessee had already reversed the credit even before the amendment, aligning with the provisions of the Finance Act, 2010.

Applicability of Specific Judgment:
The Tribunal's decision was further supported by the Finance Act, 2010, and the Court found no need to reconsider the case's merits. The Court dismissed the Civil Miscellaneous Appeal, stating that nothing remained for further consideration. The appeal was rejected without costs. The judgment emphasized the alignment of the assessee's actions with the amended rules, leading to the dismissal of the Revenue's appeal.