2014 (2) TMI 821 - AT - Central Excise

Remission of duty upon destruction of final product - Whether the manufacturer is required to reverse the Cenvat Credit on the inputs used in manufacturing such final product - Held that - destruction of goods due to natural cause of accident, the inputs can be considered to have been put to intended use for manufacture of final product. Therefore, there is no requirement to reverse the credit of inputs which have gone into manufacture of final product - Following decision of Grasim Industries vs. CCE Indore 2006 (8) TMI 69 - CESTAT,NEW DELHI and CCE Ahmedabad vs. Intas Pharmaceuticals Ltd. 2013 (4) TMI 532 - GUJARAT HIGH COURT - Decided in favour of assessee.

Summary

Issues: Appeal against denial of remission of duty under Rule 21 for Central Excise Rules, 2002 due to destruction of goods in a fire accident.

Analysis:
1. The appellant appealed against the denial of their claim for remission of duty under Rule 21 for Central Excise Rules, 2002, following a fire accident in their factory where finished goods were destroyed. The learned Commissioner had rejected the claim on the grounds that the appellant did not reverse the credit taken on the inputs used in manufacturing the final product.

2. The appellant argued that a larger Bench of the Tribunal in the case of Grasim Industries vs. CCE Indore and the Hon'ble High Court of Gujarat in the case of CCE Ahmedabad vs. Intas Pharmaceuticals Ltd. had settled the issue. The appellant contended that in cases of goods destroyed due to natural causes like accidents, the inputs used in manufacturing the final product could be considered to have been put to intended use, eliminating the need to reverse the credit on those inputs.

3. The learned A.R. opposed the appellant's contentions, asserting that since the appellant had already benefited from the credit on the inputs, they should be required to reverse the credit or face denial of remission of duty.

4. After hearing both parties and considering their arguments, the Tribunal noted that the issue had been conclusively settled by the Larger Bench decision in Grasim Industries and the confirmation by the Hon'ble Gujarat High Court in the case of Intas Pharmaceuticals Ltd. The Tribunal found that there was no requirement to reverse the CENVAT credit on inputs used in the manufacture of final products lost due to natural causes like fire. The Tribunal highlighted the failure of the learned A.R. to provide any contradictory decisions to the settled legal position. Consequently, the impugned order denying the remission of duty was set aside, and the appeal was allowed with any necessary consequential relief.