2012 (12) TMI 987 - HC - Central Excise

Summary

Issues involved: Interpretation of Cenvat credit rules, eligibility of availing credit on leased factory, transfer of unit affecting Cenvat credit.

Interpretation of Cenvat Credit Rules:
The appeal was filed by the Revenue against the Final Order passed by the Customs, Excise and Service Tax Appellate Tribunal. The Commissioner (Appeals) accepted the respondent-assessee's proposition that they are eligible to avail Cenvat credit on the lessor factory. The Tribunal acknowledged the existence of Cenvat credit to the account of the respondent-assessee due to the transfer of the unit. The Tribunal concluded that no question of law arose in this context and dismissed the appeal, emphasizing that no costs were to be incurred.

Eligibility of Availing Credit on Leased Factory:
The Commissioner (Appeals) noted that during the financial year 2002-03, the lessor unit had instructed the raw material supplier to deliver to the job worker's premises. The job worker then sent the final products to the lessor unit after payment of duty. Despite a technical lapse in the non-stipulation of the quantum discovered later, the respondents were allowed to avail credit on the invoices relating to the lessor unit. The Tribunal concurred with this decision, highlighting that the credit should be treated as lying as unutilized credit in the account of the lessor unit as per Rule 8 of the Cenvat Credit Rules, 2002.

Transfer of Unit Affecting Cenvat Credit:
The Tribunal's decision recognized that the transfer of the unit had indeed resulted in a Cenvat credit to the account of the respondent-assessee. This transfer of the unit was a crucial factor in determining the eligibility of the respondent to avail the Cenvat credit. Ultimately, the Tribunal found no substantial question of law in this matter and dismissed the appeal without imposing any costs.