2008 (2) TMI 865 - AT - Central Excise

CENVAT credit - corrugated printed sheets (input) - benefit of N/N. 214/86-C.E., dated 25-3-1986 as amended - Held that - where the amount of Modvat credit wrongly availed by an assessee was exactly equivalent to the amount of Excise duty paid by the input-manufacturer without availing exemption, the consequence was revenue-neutral and hence there could be no demand for reversal of the credit - The benefit availed by the assessee is Cenvat credit of the duty paid on their input by their sister Unit. Such benefit is not liable to be denied to the assessee on the strength of N/N. 214/86-C.E. ibid - appeal allowed.

Summary

Issues:

1. Denial of Cenvat credit on duty paid on corrugated printed sheets by Unit-I.
2. Interpretation of Notification No. 214/86-C.E. regarding Cenvat credit entitlement.
3. Applicability of legal precedents cited by both parties.

Analysis:

1. The appeal involved a dispute regarding the denial of Cenvat credit amounting to Rs. 8,32,966/- on duty paid on corrugated printed sheets by Unit-I, which had supplied semi-finished printed sheets to Unit-II for conversion into 3-ply corrugated printed sheets. The lower authorities contended that the appellant-Unit was not entitled to avail Cenvat credit on non-dutiable corrugated printed sheets. However, the appellant argued that they were eligible for the benefit under Notification No. 214/86-C.E. as amended.

2. The Tribunal analyzed the legal position in light of the Apex Court's judgment in Commissioner of Central Excise & Customs v. Narmada Chematur Pharmaceuticals Ltd. and the decision of the Punjab & Haryana High Court in Commissioner of Central Excise v. Ranbaxy Labs Ltd. The Tribunal noted that the benefit of Cenvat credit on duty paid by the input manufacturer was not to be denied to the appellant based on the cited legal precedents. The Tribunal emphasized that the appellant could claim the benefit as per the Supreme Court's decision, which highlighted the revenue-neutral nature of wrongly availed Modvat credit equivalent to the duty paid by the input manufacturer.

3. After careful consideration of the case law presented by both parties, the Tribunal concluded that the decisions cited by the appellant's counsel were directly applicable to the facts of the case. The Tribunal held that the appellant was entitled to the Cenvat credit on the duty paid on the input, contrary to the view taken by the lower authorities. Consequently, the impugned order denying the Cenvat credit was set aside, and the appeal was allowed based on the legal principles and precedents discussed during the proceedings.