2012 (11) TMI 732 - AT - Central Excise

CENVAT Credit on bought-out spares of the transformer - denial as applicants are trading the spare parts of the transformer - Held that - The matter needs reconsideration by the adjudicating authority as the applicants in reply to the show-cause notice have categorically stated that the applicants are supplying the operational spares along with transformer as per the order received from their foreign customers. This aspect shall be taken into account while reconsidering the matter. Impugned order is set aside after waiving the pre-deposit of dues and the matter is remanded back for de novo adjudication.

Summary

Issues:

1. Waiver of pre-deposit of duty, interest, and penalty.
2. Denial of CENVAT Credit on bought-out spares exported by the applicant.
3. Dispute regarding the nature of the operational spares supplied along with transformers.
4. Consideration of whether the applicant is entitled to credit as inputs for manufacturing transformers.
5. Reconsideration of the matter by the adjudicating authority.

Analysis:

The applicant sought a waiver of pre-deposit of duty, interest, and penalty amounting to Rs.1,34,25,664. The demand was confirmed due to the denial of CENVAT Credit on bought-out spares exported by the applicant. The contention was that as the applicant traded these bought-out items, they were not entitled to the credit. However, the applicant argued that they were engaged in manufacturing transformers and exported both transformers and operational spares, which were procured from the market. The adjudicating authority relied on a statement from the Commercial Manager and confirmed the demand.

The applicant provided evidence in the form of orders received for the supply of transformers and operational spares, emphasizing that they had not exported parts of the transformer as traders. The Revenue, on the other hand, relied on the Commercial Manager's statement acknowledging that the spare parts were traded and supplied to foreign customers. The applicant contended that even if goods were exported, they were entitled to a rebate of duty under Rule 18 of the Central Excise Rules, 2002.

The tribunal noted that the demand was based on the assertion that the applicant traded the transformer parts. However, considering that the applicants manufactured and exported transformers, along with receiving orders for operational spares, the dispute centered around the nature of these spares. The tribunal directed the applicants to produce a sample purchase order to show that the operational spares were to be supplied along with transformers, which they did. The tribunal concluded that the matter required reconsideration by the adjudicating authority, especially in light of the applicant's assertion that they supplied operational spares along with transformers as per customer orders. Consequently, the impugned order was set aside, pre-deposit of dues was waived, and the case was remanded for fresh adjudication, allowing both parties to present further evidence in support of their claims.