2006 (3) TMI 749 - AT - Central Excise

Summary

Issues: Cenvat credit disallowed for cleaning and packing activity; Refund of duty paid on final product.

Cenvat Credit Disallowance: The appellants were denied Cenvat credit of Rs. 14,39,412 for cleaning and packing ceramic Foam Filters as it was deemed non-manufacturing activity. The appellants argued that they had paid duty on the final product, exceeding the credit availed. They contended that if their activity did not constitute manufacture, they should be refunded the duty paid on the final product.

Legal Precedents: The Tribunal referred to the case of PSL Holding Ltd vs CCE, Rajkot, where it was established that utilizing credit for duty payment, not required, effectively reversed the credit, preventing Revenue from seeking further reversal. Additionally, the Supreme Court ruling in CCE and C, Vadodara vs Narmada Chematur Pharmaceuticals Ltd stated that if wrongly availed credit equaled the excise duty paid, resulting in Revenue neutrality, the demand for such credit had to be quashed.

Judgment: Considering the legal precedents, the Tribunal overturned the impugned order and allowed the appeal, thereby setting aside the disallowance of Cenvat credit. The stay petition was also disposed of in light of this decision.