2011 (10) TMI 50 - AT - Central Excise

Cenvat credit - grey fabrics i.e. unprocessed stock of fabrics - Notification No. 35/2003-CE covers unprocessed fabrics as finished goods - Tribunal concluded that man-made grey fabrics is definitely finished product for the manufacturer of such grey fabrics - It is definitely an input for processor who is taking these grey fabrics for further processing - If the processor had purchased directly from the manufacturer of grey fabrics, the grey fabrics purchased will be undoubtedly and undisputedly an inputs in the hands of the processor - no merits in the appeals - Tax Appeals stand dismissed - decided against the revenue

Summary

Issues:
1. Denial of transitional cenvat credit under Notification No. 35/2003-CE.
2. Classification of grey fabrics as input or finished goods.
3. Interpretation of Rule 2 of Central Excise Rules regarding inputs.
4. Applicability of Notification No. 35/2003-CE to unprocessed fabrics.

Analysis:
1. The appeal was filed by the Revenue challenging the denial of transitional cenvat credit under Notification No. 35/2003-CE. The first appellate authority had set aside the original order, stating that a similar matter had ruled in favor of the assessees. The Revenue argued that the goods in the hands of a dealer should be considered finished goods, not inputs, as per Rule 2 of Central Excise Rules. They contended that unprocessed fabrics were covered as finished goods under the relevant notification.

2. The issue revolved around whether grey fabrics held by a dealer should be classified as input or finished goods. A previous Tribunal order had held that the Notification No. 35/2003-CE allowed credit for stock with traders and processors. The High Court also raised questions regarding the classification of grey fabrics as inputs and the requirement for declaring stock for transitional credit. The Tribunal concluded that grey fabrics were inputs for processors and manufacturers, regardless of the involvement of a dealer in the supply chain.

3. The interpretation of Rule 2 of Central Excise Rules was crucial in determining the eligibility for cenvat credit. The Revenue argued that the goods in the hands of a dealer should be deemed finished goods, while the respondents contended that the Tribunal's previous decision and the High Court's judgment supported the classification of grey fabrics as inputs. The Tribunal maintained that the nature of the product as an input did not change due to the involvement of a dealer in the transaction.

4. The Tribunal dismissed the Revenue's appeal, citing the finality of the issue following the High Court's decision. The classification of grey fabrics as inputs under Notification No. 35/2003-CE had been established through previous rulings, and the Tribunal found no reason to deviate from this interpretation. Consequently, the appeal was rejected based on the settled legal position regarding the eligibility of cenvat credit for unprocessed fabrics.