2015 (10) TMI 2562 - AT - Central Excise

Denial of Cenvat credit - Rule 3 of the Cenvat Credit Rules - Held that - Since the supplier of bright bar are duly registered with the Central Excise Department and discharged appropriate duty liability on the said goods, in my opinion, cenvat benefit cannot be denied to the recipient manufacturer, the appellant in the present case - Decided in favor of the assessee.

Summary

Issues:
- Denial of cenvat credit on Bright Bars as input for manufacture of Motor Vehicle Parts under Chapter 87 of Central Excise Tariff Act, 1985.

Analysis:
The case involved the appellant, engaged in manufacturing Motor Vehicle Parts, who availed cenvat credit on Bright Bars as inputs, which was denied by Central Excise authorities. The appellant argued that since Central Excise duty on the goods was paid at the supplier's end and collected by authorities, cenvat benefit should not be denied. The appellant relied on the judgment of the Hon'ble Supreme Court in the case of CCE & CC vs MDS Switchgear Ltd. The respondent, represented by the Ld. AR, reiterated the findings of the impugned order.

The Tribunal, after hearing both sides and examining the records, referred to Rule 3 of the Cenvat Credit Rules, which allows manufacturers to take credit on duties paid on inputs and capital goods. The Tribunal noted that the suppliers of Bright Bars were registered with the Central Excise Department and had discharged appropriate duty liability on the goods. Citing the judgment in the case of MDS Switchgear, the Tribunal held that the cenvat benefit cannot be denied to the recipient manufacturer. The Tribunal emphasized that the quantum of duty determined by the suppliers' jurisdictional officers cannot be challenged by the officers of the recipient unit.

Based on the settled legal position and the judgment cited, the Tribunal found no merits in the impugned order and set it aside. The appeal was allowed in favor of the appellant. The decision was dictated and pronounced in open court by the Member (Judicial) of the Appellate Tribunal CESTAT NEW DELHI, Mr. S.K. Mohanty.