2015 (7) TMI 1148 - HC - Central Excise

Recovery of credit availed - moulds and dies - 50% of the credit availed - Rule 57AC(2)(b) - whether the denial of 50% credit as the capital goods in question were not in the possession of the assessee during the period in dispute, viz., 2001-2002 - Held that - the capital goods should be in possession and use of the manufacturer of final products in such subsequent years. It is not in dispute that the moulds and dies were no longer in existence in subsequent years, as the same having been destroyed in the course of manufacture of the final product - Decided against the assessee

Summary

Issues involved:
1. Interpretation of Rule 57AC(2)(b) regarding the availment of Cenvat credit on capital goods.
2. Determination of possession and use of capital goods for claiming Cenvat credit.

Detailed Analysis:
Issue 1: The primary issue in this case revolves around the interpretation of Rule 57AC(2)(b) concerning the entitlement to take 50% of the balance Cenvat credit in the subsequent financial year on capital goods used in the unit received in the same financial year. The appellant, engaged in manufacturing steel ingots, purchased C.I. Moulds in 2000-2001 and claimed 50% of the duty paid on the moulds as Cenvat credit during that year and the remaining 50% in 2001-2002. However, a show cause notice was issued for the recovery of the credit amount alleging that the moulds were worn out and not in possession of the appellant in April 2001. The original authority found the appellant did not fulfill the possession and use condition under Rule 57AC(2)(b), leading to the confirmation of the proposal and imposition of a penalty.

Issue 2: The second issue involves determining the possession and use of the capital goods for claiming Cenvat credit. The Commissioner (Appeals) and the Tribunal upheld the denial of the balance 50% credit as the capital goods were not in possession of the appellant during the disputed period of 2001-2002. The Tribunal concluded that the denial of the credit was justified since the moulds and dies were no longer in existence in subsequent years due to being destroyed in the manufacturing process. The court, after analyzing Rule 57AC(2)(b), emphasized that the capital goods must be in possession and use of the manufacturer in subsequent years to avail the credit. As the moulds were not available in subsequent years, the appellant failed to meet the possession and use requirement, leading to the denial of the benefit.

In conclusion, the court dismissed the appeal, upholding the decisions of the lower authorities and ruling in favor of the respondent/revenue. The judgment highlights the significance of complying with the possession and use conditions stipulated under Rule 57AC(2)(b) for claiming Cenvat credit on capital goods, emphasizing the necessity of the goods being available in subsequent years to qualify for such benefits.