2014 (12) TMI 451 - AT - Central Excise

CENVAT Credit - Reversal of Credit on account of inputs contained in the waste - Held that - appellant are manufacturer of biscuits and during the course of manufacture of biscuits, floor sweepings emerged which are sold by the appellant as animal feed, the same is not eligible to excise duty and it cannot be said that the appellants are manufacturing the said floor sweepings. It was further held that the appellant are not required to reverse CENVAT Credit attributable to generation of these floor sweepings or waste, as same has emerged during the course of manufacture of final products being biscuits - Following decision of Geltec Ltd. 2011 (4) TMI 212 - KARNATAKA HIGH COURT - Decided in favour of assessee.

Summary

Issues:
1. Reversal of CENVAT Credit on waste containing inputs.
2. Interpretation of Rule 6 of the Cenvat Credit Rules, 2004.
3. Eligibility of CENVAT Credit on waste generated during manufacturing.
4. Applicability of previous tribunal rulings on similar cases.

Analysis:
1. The appeal was filed against the Order-in-Appeal upholding the reversal of CENVAT Credit on waste containing inputs. The Commissioner of Central Excise (Appeals) held that CENVAT Credit is only available when inputs are used in the manufacture of dutiable final products. Referring to a previous ruling, it was observed that waste generated during the manufacture of biscuits, although containing inputs, is not excisable goods, thus disallowing CENVAT Credit on such waste not used in the manufacture of finished goods.

2. The appellant cited a previous final order involving a similar question, where the Tribunal relied on a ruling of the High Court of Karnataka to establish that waste emerging during the manufacture of biscuits, which is later sold as animal feed, is not subject to excise duty. It was clarified that the appellant is not considered to be manufacturing the waste and, therefore, not required to reverse CENVAT Credit related to the generation of such waste during the manufacturing process of biscuits.

3. The learned DR supported the impugned order, noting that the Revenue had accepted the earlier tribunal order without filing an appeal against it. Based on the consistent application of the legal principles and previous rulings, the appeal was allowed in favor of the appellant, with any consequential relief to be granted in accordance with the law.

4. The judgment reaffirms the interpretation of the law regarding the eligibility of CENVAT Credit on waste generated during manufacturing processes, emphasizing that waste not constituting excisable goods does not warrant the reversal of CENVAT Credit. By aligning with previous tribunal decisions and legal precedents, the judgment provides clarity on the treatment of waste containing inputs in relation to CENVAT Credit entitlements, ensuring consistency in the application of tax laws.