2012 (9) TMI 566 - AT - Central Excise

Demand alongwith and equivalent amount of penalty for not reversing the amount equal to 10% of the value of goods cleared without payment of duty by claiming exemption under Notification No. 33/05 Held that - As per Rule 6 of Cenvat Credit Rules if the assessee is manufacturing both dutiable as well as exempted goods claiming exemption under a notification, the assessee is required to maintain separate account for inputs/inputs service which has gone into manufacture of dutiable as well as final exempted products - appellants have not done so - appellants have not still reversed the credit taken on inputs/input service alongwith interest which has gone into the manufacture of final exempted products - benefit of this amended Rule 6 by Section 73 of Finance Act, 2010 is not available

Summary

Issues:
- Appeal against confirmation of demand and penalty for not reversing credit on goods cleared without duty under Notification No. 33/05
- Applicability of Rule 6 of Cenvat Credit Rules, 2004
- Claim of exemption under Notification No. 33/05
- Liability to pay penalty for not paying duty under a bona fide belief

Analysis:
The appellants contested an order confirming a demand and penalty for failing to reverse credit on goods cleared without duty under Notification No. 33/05. The case involved the applicability of Rule 6 of Cenvat Credit Rules, 2004. The appellants, engaged in manufacturing cooling tower components, claimed exemption under the said notification but did not reverse the credit taken on inputs for the exempted goods. The Revenue argued that Rule 6 mandates reversing credit on exempted goods' value. The first appellate authority confirmed the demand but reduced the penalty on the General Manager. The appellants contended that they were not required to maintain separate accounts for dutiable and exempted goods. They also cited an amendment allowing reversal of credit on inputs for exempted products, negating the need to pay 8% or 10% of the exempted goods' value.

The Revenue maintained that the appellants, by not maintaining separate accounts, were liable to reverse credit on exempted goods under Rule 6. They highlighted an amendment allowing credit reversal on inputs for exempted goods but noted that failure to comply within six months made the benefit unavailable. The Revenue argued that the appellants, aware of the law, should have paid 8% or 10% of the exempted goods' value when claiming exemption. They contended that the defense of bona fide belief was unsustainable in this case.

The Tribunal found that the appellants indeed cleared goods under the exemption without paying duty and failed to maintain separate accounts for inputs. Rule 6 required reversing 10% of the exempted goods' value, and the appellants did not meet this obligation. The Tribunal held that the appellants could not claim the benefit of bona fide belief and that the cited case laws were inapplicable. As the appellants had not reversed the credit on inputs for exempted goods, they were not entitled to the benefit of the amended Rule 6. Consequently, the appeals were dismissed, upholding the impugned orders.