2014 (11) TMI 156 - AT - Central Excise

Denial of refund claim - duty paid was more than due in as much as freight charges were wrongly included in the assessable value of goods - Held that - Revenue is unable to show any law that even if duty paid was in excess of the amount due without excess amount being refunded the assessee will be debarred from availing of the CENVAT Credit. - Issue stand exclusively decided by the above referred decision and the observations made by the Tribunal in the case of C.C.E. Shillong vs. M/s Guwahati Carbons Ltd. - 2009 (4) TMI 269 - CESTAT KOLKATA as regards the entitlement of credit by the input recipient cannot be adopted. We also agree with the ld. Advocate that such observations are general in nature and are not relatable to the issues before the Tribunal. The Tribunal was required to decide the lis between the Revenue and M/s Guwahati Carbons Limited and not the entitlement of credit by the recipient of the inputs from M/s Guwahati Carbons Limited. The said recipients were not before the Tribunal and as such the grievance of the learned Advocate is well appreciated - Decided in favour of assessee.

Summary

Issues:
1. Denial of cenvat credit to the appellant based on observations of Tribunal regarding excess duty paid by input supplier.
2. Imposition of penalties under Central Excise Act and Cenvat Credit Rules.
3. Interpretation of Tribunal's decision in a related case involving similar issues.
4. Applicability of CENVAT Credit in cases of excess duty paid.

Analysis:
1. The appellant, engaged in manufacturing aluminum products, availed cenvat credit from input suppliers, including firms under area-based exemption. Dispute arose when authorities re-determined assessable value for these firms, leading to excess duty payment. Tribunal held firms entitled to refund of excess duty paid on freight and insurance charges, but also commented on customers' cenvat credit eligibility, affecting appellant's credit claim.

2. Commissioner denied appellant cenvat credit of approximately Rs. 2.46 crores, imposing penalties under Section 11AC of Central Excise Act and Rule 15(1) of Cenvat Credit Rules. However, Tribunal's decision in a related case favored input recipients' right to full duty credit paid by suppliers, rejecting Revenue's stance on excess duty payment.

3. High Court upheld Tribunal's decision, emphasizing input recipients' entitlement to full duty credit paid by suppliers, dismissing Revenue's appeal. Tribunal's observations on credit eligibility were deemed general and not applicable to the case at hand, as the focus was on resolving the dispute between Revenue and input suppliers, not recipients.

4. The Tribunal's decision in the related case established a precedent for input recipients' right to avail full duty credit paid by suppliers, even in cases of excess duty payment. Appellant's claim for cenvat credit was supported by legal precedents and circulars, reinforcing the principle that credit could be availed to the extent of duty paid, irrespective of excess amounts.

In conclusion, the appellant's appeal was allowed on merits, emphasizing the established legal principles regarding cenvat credit entitlement and rejecting the denial based on Tribunal's general observations. The judgment highlighted the importance of distinguishing between issues involving input suppliers and recipients, ensuring fair treatment and adherence to legal provisions in cenvat credit matters.