2016 (2) TMI 1006 - HC - Central Excise

Cenvat credit - Interest - Penalty - written off of the stock - Held that - It concluded that the issue is squarely covered by the decision in Bharat Heavy Electricals Ltd. v. CCE, Bangalore 2002 (2) TMI 1322 - CESTAT BANGALORE - The Tribunal relied on the relevant circular and held that the issue involved is regarding the reversal of Cenvat credit on duty paid on inputs/capital goods and stores and spares which were written off from accounts as obsolete - right to joint inspection reserved - appeal dismissed - decided against appellant.

Summary

Issues:
1. Availing of ineligible Cenvat credit on duty paid on inputs and capital goods.
2. Disallowance of Cenvat credit on written off stores and spares.
3. Interpretation of relevant circular on reversal of Cenvat credit.
4. Application of precedent from Bharat Heavy Electricals Ltd. case.

Analysis:
1. The judgment addresses the issue of the respondent, a manufacturer of chemicals, availing Cenvat credit on duty paid on inputs and capital goods. The department raised a demand of &8377; 2,40,258/- alleging ineligible credit. The adjudicating authority confirmed the demand, leading to an appeal. The Tribunal, relying on a relevant circular, concluded that the issue pertains to the reversal of Cenvat credit on duty paid on inputs/capital goods and stores and spares written off as obsolete. The Tribunal found the issue covered by the decision in Bharat Heavy Electricals Ltd. v. CCE, Bangalore [2002 (50) RLT 208 (CEGAT-Ban.)], and dismissed the appeal based on this precedent.

2. The judgment further discusses the matter in light of the submissions made and the precedent cited. It emphasizes that there is no merit in the appeal, and the dismissal of the appeal does not impede the right to joint inspection as directed by the First Appellate Authority. This indicates that while the appeal is dismissed, the avenue for joint inspection remains open for further assessment.

3. The judgment, after considering the subject matter and the previous decisions, ultimately dismisses the appeal. It clarifies that the dismissal does not hinder the right to joint inspection, thereby upholding the decision of the First Appellate Authority. This finalizes the ruling on the case, affirming the Tribunal's decision based on the precedent and interpretation of the relevant circular regarding the reversal of Cenvat credit.

In conclusion, the judgment thoroughly analyzes the issues related to the availing of Cenvat credit, disallowance of credit on written off stores and spares, interpretation of circulars, and application of legal precedents. It provides a detailed explanation of the decision-making process, ensuring that the dismissal of the appeal does not impact the right to further investigation through joint inspection as directed by the First Appellate Authority.