2013 (6) TMI 487 - AT - Central Excise

Cenvat credit - Removal of capital goods after use - Rule 3(5) - reversal of credit on depreciated value - put to use for approximately eight years - Held that - the issue is now settled by the Hon ble High Court of Punjab & Haryana in the case of Raghav Alloys Ltd. 2010 (4) TMI 294 - PUNJAB & HARYANA HIGH COURT - the demand for reversal of entire duty is not justified. - Decided in favor of assessee.

Summary

Issues:
Demand of the differential duty/cenvat credit availed on capital goods.

Analysis:
The appeal was against an order-in-appeal where the appellant was pointed out for removing capital goods on which cenvat credit was taken and duty was discharged after claiming depreciation. The audit suggested the appellant should have reversed the cenvat credit amount. The first appellate authority upheld this, stating the appellant must reverse the cenvat credit on capital goods removed after utilization. However, the appellant referred to a High Court judgment settling the issue in favor of the assessee, stating duty payment on removed capital goods is sufficient without reversing cenvat credit.

The central issue revolved around the demand for differential duty/cenvat credit on capital goods removed by the appellant. The capital goods were used for approximately eight years before being removed and duty paid on the depreciated value. The Tribunal noted the distinction between inputs and capital goods, emphasizing that capital goods lose their identity only when in-serviceable and fit for scrapping after use over time. The purpose of Cenvat Credit on capital goods is to prevent duty cascading, and reversing credit after a few years of use would defeat this purpose. The Tribunal highlighted the rule changes regarding duty payment on capital goods removed after use, emphasizing the importance of depreciation benefits and the difference between clearing machines without use and after utilization.

The Tribunal referred to a High Court judgment and upheld the appellant's argument, setting aside the previous order and allowing the appeal. The judgment clarified the treatment of capital goods cleared after utilization, emphasizing the importance of the proviso in Rule 3(5) of the Cenvat Credit Rules and the benefit of depreciation in determining duty payment on such goods. The Tribunal's decision aligned with the High Court ruling, emphasizing the need to differentiate between capital goods cleared without use and those cleared after years of utilization. The judgment also referenced other cases supporting the Tribunal's interpretation of the rules regarding duty payment on capital goods removed after being put into service.

In conclusion, the Tribunal's decision favored the appellant based on the settled issue clarified by the High Court judgment, emphasizing the importance of considering depreciation and the specific provisions in the Cenvat Credit Rules for duty payment on capital goods removed after utilization.