2012 (9) TMI 1004 - AT - Central Excise

Summary

Issues involved: Application for waiver of pre-deposit of CENVAT Credit and penalty under Rule 15(2) of CENVAT Credit Rules, 2004.

Summary:
1. The appellants, engaged in manufacturing iron and steel products, sought waiver of pre-deposit of CENVAT Credit and penalty. The dispute arose from the denial of CENVAT Credit amounting to Rs. 62,41,912/- availed against invoices issued by Bolani Ore Mines.

2. The Bolani Ore Mines, a captive mine, supplied iron ore to the appellants for manufacturing purposes. The department contended that the services received at Bolani Ore Mines were not used in or in relation to the manufacturing activities of the appellants at their premises in Durgapur, leading to the denial of CENVAT Credit and imposition of penalty.

3. The appellants argued that Bolani Mines is a captive mine, and the iron ore extracted is used in the manufacture of final products. They contended that the Service Tax credit availed at Bolani Mines was rightly distributed to various plants, including Durgapur Steel Plant. The demand confirmed by the department was challenged on the grounds of extended limitation period and sustainability.

4. The Tribunal found that the iron ores from Bolani Mines were used by the appellants in various plants, including Durgapur, for manufacturing finished goods. The denial of CENVAT Credit at Durgapur was deemed unacceptable as per the definition of "Input Service Distributor" in CENVAT Credit Rules, 2004. The Tribunal also disagreed with the observation that the input services utilized at Bolani Mines were not related to the manufacturing activities at Durgapur.

5. Citing a previous case, the Tribunal allowed the stay application, noting a prima facie case for total waiver of pre-deposit of duty and penalty. Consequently, the requirement of pre-deposit was waived, and recovery stayed during the appeal's pendency. The stay petition was allowed.