2014 (1) TMI 1419 - AT - Service Tax

Availment of CENVAT Credit - Manufacturing of sanitaryware - Imposition of equivalent penalty - Held that - Prima facie Rule 3(5A) of Cenvat Credit Rules, 2004 provides that if the capital goods are cleared as waste and scrap the manufacturer shall pay an amount equal to the duty leviable on transaction value . The capital goods mentioned in the sub-rule are Cenvat credit availed capital goods. Prima facie, sub-rule (5A) of Rule 3 of Cenvat Credit Rules applies in those cases where Cenvat credit availed capital goods after use in the factory are cleared as scrap and waste and only in such situation an amount equal to the duty on transaction value of such scrapped capital goods shall be chargeable. In this case, POP moulds cannot be said to be cenvated capital goods, as cenvat credit has been taken of the duty/Service Tax paid on inputs/input services, not of excise duty on POP moulds. In view of this we are of the prima facie view that the appellant have a case in their favour. Accordingly, the requirement of pre-deposit of duty demand, interest and penalty is waived for hearing of the appeal and recovery thereof is stayed till the disposal of the appeal - Stay granted.

Summary

Issues:
1. Whether Cenvat credit availed on inputs and input services for manufacturing POP moulds necessitates payment of excise duty on the sale of POP scrap.
2. Applicability of Rule 3(5A) of the Cenvat Credit Rules, 2004 to the case.
3. Validity of duty demand, interest, and penalty imposed by the Assistant Commissioner.

Analysis:
1. The issue revolved around the contention that Cenvat credit availed on inputs and input services for manufacturing POP moulds should lead to the payment of excise duty on the sale of POP scrap. The Department argued that as per Rule 3(5A) of the Cenvat Credit Rules, 2004, an amount equal to excise duty on the transaction value should be payable on clearance of such scrap. The Assistant Commissioner confirmed a duty demand, interest, and penalty based on this interpretation. However, the appellant argued that Rule 3(5A) is applicable only when capital goods cleared as waste and scrap after use, and since no duty was paid on POP moulds, no duty should be payable on POP scrap. The Tribunal found that Cenvat credit was taken on inputs and input services, not on excise duty for POP moulds, leading to the waiver of duty demand, interest, and penalty.

2. The Tribunal delved into the applicability of Rule 3(5A) of the Cenvat Credit Rules, 2004 to the case at hand. It noted that the rule pertains to capital goods cleared as waste and scrap, requiring payment equal to the duty leviable on the transaction value. However, the Tribunal observed that in this case, the POP moulds could not be categorized as cenvated capital goods since the credit was taken on inputs and input services, not on excise duty for the moulds. Consequently, the Tribunal held that the appellant had a strong case in their favor, leading to the waiver of the pre-deposit of duty demand, interest, and penalty.

3. The validity of the duty demand, interest, and penalty imposed by the Assistant Commissioner was challenged during the proceedings. The appellant argued against the correctness of the order, emphasizing that no duty was payable on the POP scrap due to the nature of the transactions and the applicability of Rule 3(5A). The Tribunal, after considering the contentions from both sides, found in favor of the appellant, allowing the appeal, and staying the recovery of duty demand, interest, and penalty until the appeal's disposal. This decision was based on the interpretation of the rules and the specific circumstances of the case.

In conclusion, the Tribunal's detailed analysis and interpretation of the relevant rules led to the waiver of duty demand, interest, and penalty for the appellant, providing a favorable outcome in this case related to the manufacture and sale of POP moulds and scrap.