2015 (4) TMI 1220 - AT - Central Excise

Refund claim - time limitation - Section 11(B) of the CEA 1994 - Held that - limitation issue has been dealt with before the adjudicating authority during adjudication and it was held that refund claim is not held by bar of limitation. Scope of SCN - CENVAT credit - Rule 3(5)(b) of CCR 2004 - Held that - there is no issue in the SCN whether appellant is required to reverse Cenvat credit or not - Moreover SCN itself clarify as per Rule 3(5)(b) of Cenvat credit Rules 2004 if the input or capital goods have been written off before use then the provision of said rules is applicable - provision under Rule 3(5)(b) of CCR 2004 are not applicable to the facts of this case. Both the lower authorities have gone beyond the scope of the SCN. Appeal allowed - decided in favor of appellant.

Summary

Issues:
Appeal against rejection of refund claim, Interpretation of Rule 3(5)(b) of Cenvat Credit Rules 2004, Bar of limitation under Section 11B of the Central Excise Act 1944.

Analysis:
The appellant, a manufacturer of motor vehicle parts, appealed against the rejection of their refund claim related to Cenvat credit on plastic bins written off during 2006-2011. An audit revealed that Cenvat credit availed on these bins was not permissible, leading to the reversal of credit and subsequent refund claim. The show cause notice cited Rule 3(5)(b) of Cenvat Credit Rules 2004, stating that if capital goods are written off before use, credit reversal is required. The claim was questioned for being beyond the one-year limitation period. The Adjudicating Authority accepted the claim was within time but denied it based on Rule 3(5)(b). The Commissioner (A) upheld this decision.

The appellant argued that the claim was within time and Rule 3(5)(b) did not apply as the bins were written off after use, not before. Conversely, the respondent contended that the credit reversal was done without disputing the usage timing of the bins. The respondent highlighted Rule 3(5)(b) requirements for goods removed after use, emphasizing the appellant's failure to provide clarity on this aspect during the audit.

Upon review, it was found that the limitation issue had been settled by the Adjudicating Authority and was not challenged by the Revenue. The show cause notice did not address the requirement to reverse Cenvat credit, and it was clarified that the bins were removed after use, not before. Therefore, Rule 3(5)(b) was deemed inapplicable. The lower authorities had overstepped the notice's scope, leading to the unsustainability of their decision. Consequently, the appellant was deemed entitled to the refund claim.

In conclusion, the impugned order was set aside, and the appeal was allowed with consequential relief, as the appellant's entitlement to the refund claim was established based on the interpretation of Rule 3(5)(b) and the settlement of the limitation issue.