2014 (11) TMI 327 - AT - Central Excise

Denial of CENVAT Credit - activity undertaken by the appellant on the input received does not amount to manufacture - Held that - Appellant had paid a higher amount by way of excise duty on the products cleared by them. Therefore, in view of the Hon ble High Court s decision in the case of Ajinkya Enterprises 2012 (7) TMI 141 - BOMBAY HIGH COURT and Hon ble Apex Court s decision in Narmada Chematur case 2004 (12) TMI 93 - SUPREME COURT OF INDIA , there is no cause for reversal of any credit taken inasmuch as the duty paid is more than the credit taken. Consequently, the impugned order confirming the demand fails - Decided in favour of assssee.

Summary

Issues:
1. Duty demand confirmation against the appellant for denying CENVAT Credit.
2. Whether the activity undertaken by the appellant amounts to manufacture.
3. Validity of confirming various demands including penalty.
4. Disputed Central Excise duty payment on waste material.

Analysis:

Issue 1: Duty Demand Confirmation
The appeal stemmed from an Order-in-Appeal confirming a duty demand of Rs. 14,27,138 against the appellant, along with interest and penalty, based on the denial of CENVAT Credit. The appellant believed their activities constituted manufacturing under CETH 59.11 related to textile products and articles for technical uses. The department contended that the appellant's activities did not amount to manufacture, leading to the denial of credit and the subsequent imposition of various demands, including penalties.

Issue 2: Activity Amounting to Manufacture
The appellant argued that they added value to the raw materials, exceeding the duty liability on a value higher than the credit taken during the period in question. Citing precedents like the Ajinkya Enterprises case, the appellant maintained that since the duty liability exceeded the credit taken and was accepted by the Revenue, there was no need to reverse the CENVAT Credit even if the activity did not strictly qualify as manufacture. This argument was supported by decisions from the Bombay High Court, the High Court of Gujarat, and the Supreme Court. The Tribunal also referenced similar cases, like Colour Roof (India) Ltd., to support this position.

Issue 3: Validity of Various Demands
After considering both parties' submissions, the Tribunal noted that the appellant had indeed paid a higher amount of excise duty on the cleared products, aligning with the decisions in Ajinkya Enterprises and Narmada Chematur Pharmaceuticals Ltd. Consequently, as the duty paid exceeded the credit taken, the impugned order confirming the demand was set aside, and the appeal was allowed.

Issue 4: Disputed Central Excise Duty Payment
The appellant did not dispute the Central Excise duty payment of Rs. 1431 on waste material, which was paid through the PLA account. As this amount was not contested, the demand was confirmed, and since the appellant had already paid it, no further proceedings were deemed necessary.

This judgment primarily revolved around the denial of CENVAT Credit to the appellant due to a dispute over whether their activities constituted manufacturing. The Tribunal ultimately ruled in favor of the appellant, emphasizing the substantial value addition and the higher duty liability paid compared to the credit taken. Precedents and legal interpretations played a crucial role in determining the outcome of this case, highlighting the significance of duty payments exceeding credit amounts in certain circumstances.