2014 (2) TMI 1180 - AT - Central Excise

Reversal of CENVAT Credit - Non maintenance of separate accounts - Penalty u/s 11AC - held that - issue has already been settled by the Tribunal s decision in favour of the assessee in the case of Majalgaon SSK Ltd. (2012 (7) TMI 880 - CESTAT MUMBAI), I find that the issue is no longer res integra - Decided in favour of assessee.

Summary

Issues:
1. Whether press-mud generated during sugar manufacturing is an excisable commodity under Tariff 23032000, making the appellant liable to reverse CENVAT credit?
2. Whether the appellant is required to pay an amount for press-mud due to lack of separate credit accounts?
3. Whether the Tribunal's decision in the case of Majalgaon SSK Ltd. applies to the present case, thereby settling the issue in favor of the appellant?

Analysis:

Issue 1:
The appeal pertains to the classification of press-mud generated during sugar manufacturing as an excisable commodity under Tariff 23032000, leading to the appellant being held liable to reverse the CENVAT credit. The department contended that the press-mud falls under this tariff, necessitating the reversal of credit. A notice demanding payment was issued to the appellant, which was confirmed by the lower appellate authority. However, the appellant argued that press-mud is not a dutiable product, citing the Tribunal's decision in the case of Majalgaon SSK Ltd. The Tribunal had previously held that press-mud is not dutiable, thereby setting aside a similar demand. Ultimately, the Tribunal in the present case found the issue settled in favor of the appellant based on the precedent set by the earlier decision, leading to the allowance of the appeal.

Issue 2:
Another aspect of the case involved the appellant's liability to pay an amount due to the absence of separate accounts for CENVAT credit. The lack of separate credit accounts led to the demand for payment from the appellant. However, considering the settled issue regarding press-mud classification, the Tribunal found in favor of the appellant, indicating that the demand for payment based on the absence of separate credit accounts was no longer valid.

Issue 3:
The Tribunal's decision in the case of Majalgaon SSK Ltd. played a crucial role in resolving the issues raised in the present appeal. Both the appellant's counsel and the Revenue acknowledged that the Tribunal's previous ruling favored the assessee. The Tribunal, after considering the arguments from both sides and the precedent established in the earlier case, concluded that the issue was no longer open to debate. Consequently, the Tribunal allowed the appeal, providing consequential relief as per the law.

In conclusion, the judgment by the Appellate Tribunal CESTAT Mumbai resolved the issues raised in the appeal, primarily concerning the classification of press-mud and the appellant's liability for payment, by relying on a previous decision that favored the appellant.