9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (1) TMI 1162 - AT - Central ExciseDenial of common registration - manufacture of lead ingots - Whether appellant are eligible to a common Central Excise registration for their two units situated across a road? - Held that - finished product of Unit-I of the appellant is the starting point of manufacturing in Unit-II. It cannot be said that processes of both the units-I & II of the appellant are not inter-connected especially when appellant has a common sales tax registration, files common income tax returns etc. Accordingly, appellant has a case for common Central Excise registration and adjudicating authority has not interpreted the procedure in its right spirit when some procedural accommodation is prescribed and there is no risk to the Revenue. Appeal filed by the appellant to that extent is required to be allowed - reliance placed on the decision of the case of Rajhans Pressings Pvt. Ltd. v. Commissioner of Central Excise, Delhi-IV 2011 (4) TMI 1046 - CESTAT, NEW DELHI . Whether appellant was required to discharge duty on Lead Ingot manufactured in Unit-I when sent to its Unit-II across the road? - Held that - once appellant s appeal on common registration is admissible then both the units are treated as one assessee and no duty on intermediate stages are required to be paid when duty is paid on the end products - the duty paid by Unit-I of the appellant would have been eligible established as Cenvat Credit to Unit-II of the appellant. Appeal allowed - decided in favor of appellant.
Issues:
1. Eligibility for common Central Excise registration for two units. 2. Requirement to discharge duty on Lead Ingot sent from Unit-I to Unit-II. Analysis: Issue 1: Eligibility for common Central Excise registration for two units: The appellant, M/s. Met Trade India Ltd. (MTIL), sought a common registration for their two manufacturing premises, Unit-I and Unit-II, which were situated across the road. The adjudicating authority initially rejected the request in 2008, and upon appeal to CESTAT, the matter was remanded back for reconsideration. In the subsequent proceedings, the request for common registration was again denied by the adjudicating authority in 2014. The appellant argued that common registration should be granted based on interlinked manufacturing processes and cited relevant case laws. The appellant contended that the processes of both units were interconnected, as evidenced by common sales tax registration, income tax returns, and administration/work management. The Tribunal, considering the precedents and the interdependence of the manufacturing processes between Unit-I and Unit-II, held that the denial of common registration was incorrect. The Tribunal emphasized that the finished product of Unit-I served as the starting point for manufacturing in Unit-II, justifying the need for a common registration. Therefore, the Tribunal allowed the appeal, setting aside the order denying common registration. Issue 2: Requirement to discharge duty on Lead Ingot sent from Unit-I to Unit-II: The appellant was also contesting the demands for duty payment on Lead Ingots sent from Unit-I to Unit-II. The appellant argued that if common registration was allowed, the demands would not be sustainable as both units would be treated as one manufacturing factory. Additionally, the appellant asserted that even if Unit-I paid Central Excise duty, it would be admissible as Cenvat credit to Unit-II, resulting in revenue neutrality. The Tribunal noted that the adjudicating authority incorrectly concluded that Unit-I was not taking Cenvat credit, which was crucial in determining the duty liability. The Tribunal highlighted that under Rule 4(5)(a) of the Cenvat Credit Rules, no duty was required to be paid on goods manufactured from Unit-II if the units were separate, and the transfer was recorded in the appellant's books of accounts. The Tribunal agreed with the appellant's argument that the entire exercise was revenue neutral, considering the duty paid by Unit-I would be eligible as Cenvat Credit for Unit-II. Consequently, the Tribunal allowed all appeals filed by the appellant, including the issue of duty liability. In conclusion, the Tribunal ruled in favor of the appellant, allowing the appeals and emphasizing the interlinked manufacturing processes between Unit-I and Unit-II to justify the grant of a common Central Excise registration and addressing the duty liability concerns in a manner that ensured revenue neutrality.
|
