2011 (2) TMI 37 - AT - Central Excise

Waiver of pre-deposit - availment of credit on common inputs used in the manufacture and clearance of dutiable as well as exempted final products - Finance Act, 2010, a provision has been made for the appellants to discharge the liability in terms of Rule 6 (3) (b) of CCR by reversing or paying the credit relatable to inputs that went into the manufacture of exempted final products - provisions enable the assessee to pay back the credit relatable to exempted inputs along with applicable interest prescribed therein in full discharge of the liability incurred in the past in terms of Rule 6 (3) (b) of CCR matter remanded to the Original Authority to re-compute the liability of the appellants

Summary

Issues:
1. Waiver of pre-deposit demanded from the appellant
2. Penalty imposed under Rule 15 (2) of the Cenvat Credit Rules, 2004
3. Dispute related to the availment of credit on common inputs for dutiable and exempted final products
4. Applicability of provisions in the Finance Act, 2010 for discharging liability
5. Remand of the matter to the Original Authority for re-computation of liability

Analysis:

1. The appellant, M/s. Jaya Hume Pipes Pvt. Ltd., filed an application seeking waiver of pre-deposit of Rs.4,68,889/- and penalty of Rs.2,24,948/- demanded due to irregular availment of credit under Rule 15 (2) of the Cenvat Credit Rules, 2004. The appellants are engaged in the manufacture and clearance of Pre-stressed Concrete Pipes. The Tribunal noted that the stay application could be decided on the merits of the case, and after examining the case records, it was found that the dispute pertained to the availment of credit on common inputs used for both dutiable and exempted final products.

2. The Tribunal observed that the Finance Act, 2010 provided a provision for discharging the liability under Rule 6 (3) (b) of CCR by reversing or paying the credit related to inputs used in the manufacture of exempted final products. The relevant provisions under Section 73 of the Finance Act, 2010 enabled the assessee to settle the liability by paying back the credit along with applicable interest. The Tribunal decided to remand the matter to the Original Authority for re-computation of the appellant's liability, directing them to make good any shortfall compared to the amount already paid as per the law.

3. In conclusion, the appeal was allowed by way of remand, and the stay application was also disposed of. The Tribunal emphasized the importance of following the prescribed procedure in the statute for discharging the liability related to the availment of credit on common inputs. The decision highlighted the need for compliance with the provisions of the Finance Act, 2010 and Cenvat Credit Rules, 2004 to ensure proper resolution of disputes concerning credit availment for both dutiable and exempted final products.