2014 (1) TMI 212 - AT - Central Excise

Interpretation of eligibility of cenvat credit on capital goods/inputs - Applicability of Vandana Global Ltd. Vs. CCEx., Raipur 2010 (4) TMI 133 - CESTAT, NEW DELHI (LB) Waiver of Pre-deposit - Held that - The Tribunal has been taking a consisting view by allowing the stay petition of the assessee where extended period of limitation is involved but directed deposit where the notice is for normal period - two show-cause notices were issued for normal period of limitation - assessee has made a fair offer to deposit the entire amount of cenvat credit relating to normal period of limitation Thus, applicant is direct to Submit Rs.2,43,357/- and Rs.1,68,434/- as pre-deposit upon such submission rest of the duty to be stayed till the disposal Partial stay granted.

Summary

Issues Involved:
Interpretation of eligibility of cenvat credit on capital goods/inputs, applicability of Larger Bench decision, inconsistency in availing cenvat credit.

Analysis:
The case involved an application for waiver of pre-deposit of cenvat credit and penalty imposed under Rule 15 of the Cenvat Credit Rules, 2004. The appellant had availed cenvat credit on various items during the relevant period, treating them as capital goods used within the factory premises. The appellant argued that there were divergent views on the admissibility of credit on these items, hence they treated them as capital goods despite being used in the fabrication of machinery and plants. The Department contended that the appellant was inconsistent in their approach to availing cenvat credit on these items, initially claiming them as capital goods and later changing their stance. The issue revolved around the interpretation of eligibility of cenvat credit on capital goods/inputs and the applicability of a previous Tribunal decision.

The Tribunal considered the arguments from both sides and noted the consistent view taken by the Tribunal in similar cases. The Tribunal referred to the Larger Bench decision in the case of Bandana Global Ltd. Vs. CCEx., Raipur, which was relevant to the interpretation of eligibility for cenvat credit. The Tribunal had a practice of allowing stay petitions when extended periods were involved but directed deposits for normal periods. In this case, two show-cause notices fell within the normal period of limitation. The appellant made a fair offer to deposit the cenvat credit amounts relating to the normal period of limitation. The Tribunal accepted the offer, directing the appellant to make the pre-deposit within a specified timeline. Failure to comply would lead to the dismissal of the appeal. Upon deposit, the balance amount of dues would be waived, and recovery stayed during the appeal's pendency. The stay petition was disposed of accordingly.

In conclusion, the Tribunal's decision was based on the interpretation of eligibility for cenvat credit on capital goods/inputs, considering the appellant's actions and the relevant Tribunal precedent. The appellant's offer to deposit the cenvat credit amounts for the normal period of limitation was accepted, ensuring compliance and further proceedings in the case.