2011 (1) TMI 491 - HC - Central Excise

Cenvet credit - Capital goods used exclusively in the manufacture of exempted goods - Capital goods in question had been received during January 2005 to March 2005 and at that time the goods manufactured by using those capital goods- cotton yarn had been cleared by availing full duty exemption under notification No. 30/2004-C.E. However from June 2005 onward the appellants started available benefit of notification No. 29/04-C.E. in respect of their clearance for export where there is optional rate of duty of 4% and there is no dispute about the fact that notification No. 29/04-C.E. and 30/04-C.E. were being available during the same period simultaneously. In view of this position it cannot be said that the capital goods in question had been used exclusively for the manufacture of fully exempted finished products.- Decided in favour of assessee.

Summary

Issues:
1. Admissibility of cenvat credit on capital goods used in the manufacture of exempted goods.
2. Interpretation of 'exempted goods' under Cenvat Credit Rules, 2004.

Issue 1: Admissibility of cenvat credit on capital goods used in the manufacture of exempted goods:
The appellant, a manufacturer of cotton yarn, claimed cenvat credit on capital goods used in manufacturing goods during January to March 2005 under Notification No. 30/2004-C.E. The dispute arose when the final goods were exempted, leading to a demand of duty by the adjudicating authority under Rule 6(4) of the Cenvat Credit Rules, 2005. The Tribunal, however, set aside the demand, stating that 4% duty was payable on the manufactured goods under Notification No. 29/2004-C.E. The Tribunal found that the capital goods were not exclusively used in the manufacture of fully exempted finished products, as the appellant started availing benefits under a different notification from June 2005. The Tribunal's decision was based on the fact that the capital goods were not used solely for exempted goods, making the cenvat credit admissible according to Rule 6(4).

Issue 2: Interpretation of 'exempted goods' under Cenvat Credit Rules, 2004:
The appellant argued that the Tribunal's view was against the decision in CCE, Indore v. Surya Roshni Ltd., upheld by the Supreme Court, which stated that credit was not available on capital goods exclusively used in the manufacture of exempted goods. The appellant contended that since they did not invoke the optional duty provided in the notification, the Tribunal's decision was incorrect. However, the Court disagreed, emphasizing that the goods were not used in the manufacture of fully exempted products. The Court highlighted that the notifications in question provided different duty rates without any conditions, making the capital goods usage not exclusively for exempted goods. Therefore, the appellant was entitled to claim cenvat credit under Rule 6(4) as the capital goods were not used solely for exempted goods.

In conclusion, the Court dismissed the appeal, stating that no substantial question of law arose from the case. The judgment clarified the admissibility of cenvat credit on capital goods used in manufacturing goods subject to different duty rates under specific notifications, emphasizing the importance of the actual usage of capital goods in determining eligibility for cenvat credit.