2007 (4) TMI 104 - AT - Central Excise

Cenvat/Modvat - Department contended that appellant not entitle for cenvat credit on capital goods on the ground that capital goods are exclusively used in the manufacture of exempted goods - Held that department contention was correct and allowed

Summary

Issues:
1. Disallowance of Cenvat credit on capital goods used in the manufacture of exempted final products.
2. Interpretation of Rule 6(4) of the Cenvat Credit Rules, 2002.
3. Applicability of case laws in the given scenario.

Analysis:
1. The case involved the disallowance of Cenvat credit on capital goods used in the manufacturing of exempted final products. The appellant received capital goods during a period when finished goods attracted nil rate of duty. The dispute arose regarding the eligibility of Cenvat credit on these capital goods, which were subsequently used in both exempted and dutiable finished goods.

2. The appellant argued that Rule 6(4) of the Cenvat Credit Rules, 2002, which restricts credit on capital goods exclusively used in the manufacture of exempted goods, did not apply in this case. They contended that since the capital goods were used in both exempted and dutiable products, they were eligible for the credit. However, the Departmental Representative supported the decision to disallow the credit, emphasizing the exclusive use of capital goods during the exemption period.

3. The tribunal analyzed the relevant rules, emphasizing that Cenvat credit cannot be utilized on capital goods exclusively used in the manufacture of exempted goods. They highlighted Rule 4(1) and Sub-Rule 2(a) of the Cenvat Credit Rules, specifying the conditions for availing credit on inputs and capital goods. The tribunal concluded that the appellant was not entitled to take credit on capital goods used in the manufacture of exempted final products.

4. The tribunal differentiated the case at hand from the precedents cited by the appellant. They explained that the cited cases were not applicable as they involved scenarios where capital goods were used in both dutiable and exempted goods, unlike the present case where the capital goods were exclusively used in exempted final products. The tribunal upheld the decision to disallow the credit based on the specific circumstances of the case.

5. In conclusion, the tribunal rejected the appeal, stating that there was no reason to interfere with the impugned order. The judgment was pronounced on 27-4-2007, affirming the disallowance of Cenvat credit on capital goods used in the manufacture of exempted final products.