2010 (6) TMI 659 - AT - Central Excise

Cenvat credit - capital goods were installed and were being used for manufacture of excisable goods subsequently final products manufactured by them namely, polyester and acrylic yarn got exempted - respondent thereafter sold the machinery on which they had taken the above credit on 1-10-2004 - Show cause notice dated 18-12-2006 was issued alleging that the party failed to reverse the credit taken by them on the capital goods Held that - Goods removed after use cannot be treated as cleared as such - demand is time barred - appeal by the Department is rejected.

Summary

Issues:
Department's appeal against Commissioner (Appeals) order upholding party's favorable decision regarding duty on capital goods under Cenvat Credit Rules, 2004.

Analysis:
The case involved the Department appealing against the Commissioner (Appeals) order, which upheld the party's favorable decision regarding the duty on capital goods under the Cenvat Credit Rules, 2004. The party, engaged in manufacturing polyester and acrylic yarn subject to duty, received capital goods and claimed credit. Subsequently, an exemption notification was issued for the final products, leading the party to reverse the credit and sell the machinery. The Department alleged non-reversal of credit under Rule 3(5) of the Rules. The original authority relied on a Tribunal decision, but the Department contested, arguing the capital goods were capable of use and clearance constituted 'as such.' The Department also challenged the exemption notification's applicability to the capital goods cleared. The party contended they used the capital goods as intended, citing precedents supporting their position. The Tribunal analyzed the term 'as such,' referencing previous cases where goods used and removed were not considered cleared 'as such.' The Tribunal upheld the lower authorities' decisions in favor of the party, citing relevant precedents. Additionally, the Tribunal found the demand to be time-barred, supporting the party's case further.

This detailed analysis provides a comprehensive overview of the legal judgment, covering the issues, arguments presented by both sides, relevant legal provisions, precedents cited, and the final decision rendered by the Tribunal.