2014 (1) TMI 164 - AT - Central Excise

Non-reversal of Cenvat credit Inputs lying in stock Benefir of SSI Exemption Notification No.8/2003 Waiver of Pre-deposit Held that - The provisions of Rule 11(2) of CENVAT Credit Rules, 2004 specifically provides for payment of amount of CENVAT Credit availed by the appellant on the inputs which are lying in stock on the date of opting of benefit of Nil rate of duty under SSI exemption notification - the appellant has not made out prima facie case in their favour appellant directed to deposit of approx.. Rupees One lakh and fifty three thousands as pre-deposits upon such submission rest of the duty to be waived till the disposal Partial Stay granted.

Summary

Issues:
Non-reversal of CENVAT Credit on inputs while availing SSI exemption benefit.

Analysis:
The judgment by the Appellate Tribunal CESTAT Ahmedabad, delivered by Mr. M.V. Ravindran, addressed the issue of non-reversal of CENVAT Credit on inputs by the appellant when opting for the benefit of SSI exemption under Notification No.8/2003-CE. The tribunal noted that Rule 11(2) of the CENVAT Credit Rules, 2004 mandates the payment of CENVAT Credit availed on inputs in stock when opting for the Nil rate of duty under the SSI exemption notification. The appellant failed to justify a complete waiver of pre-deposit, particularly for the reversal of CENVAT Credit. Consequently, the tribunal directed the appellant to pre-deposit an amount of Rs.1,53,567/- as the sum liable to be reversed on the day of opting for the exemption benefit. This compliance was to be reported to the Deputy Registrar, CESTAT Ahmedabad by a specified date, with further proceedings scheduled for a later date.

The tribunal's decision allowed for the waiver of pre-deposit of the remaining amounts subject to the appellant's compliance with the directed pre-deposit. The recovery of the balance amounts was stayed pending the appeal's disposal. The judgment emphasized the importance of adhering to the provisions regarding CENVAT Credit reversal when availing of duty exemptions, highlighting the necessity for compliance with the regulatory framework to ensure fair and lawful practices in taxation matters. The tribunal's ruling balanced the interests of the appellant with the statutory requirements, providing a clear directive for the pre-deposit while granting conditional relief on the remaining amounts pending appeal resolution.