2015 (1) TMI 292 - AT - Central Excise

CENVAT Credit - Credit on capital goods/black rods/bars used for making bright bars - Nexus with manufacturing activity - Held that - AS the issue is no longer res intergra in the light of this Tribunal in the case of Ajinkya Enterprises (2013 (6) TMI 610 - CESTAT MUMBAI) which has been affirmed by the Honble Bombay High Court therefore, we hold that the appellant is entitled for Cenvat credit. Accordingly, the impugned order is set aside - Decided in favour of assesse.

Summary

Issues:
- Admissibility of Cenvat credit on capital goods used for converting black rods/bars into bright bars
- Whether the process of conversion amounts to manufacture
- Application of judicial pronouncements on the issue

Analysis:
1. The case involved a stay application and appeal against an Order-in-Original that disallowed Cenvat credit on capital goods used for converting black rods/bars into bright bars. The adjudicating authority held that the conversion process did not amount to manufacture during the relevant period and imposed penalties and recovery orders. The total demand included credit taken on inputs and capital goods.

2. The appellants argued that their process constituted manufacture as they paid duty on the final product, bright bars, exceeding the credit taken. They cited multiple judgments supporting their stance that if duty paid on the final product exceeds the credit taken, there is no wilful misstatement or intent to evade duty. They contended that the reversal of Cenvat credit was unnecessary in such cases.

3. Considering the submissions and the issue's coverage in judicial pronouncements, the tribunal decided to proceed with the appeal without pre-deposit. The tribunal noted the Supreme Court's ruling in Vee Kayan Industries case and CESTAT decisions, establishing that the conversion process did not amount to manufacture. Previous cases like Super Forgings and Steels Ltd. vs. CCE supported the view that Cenvat credit need not be recovered if utilized for duty payment, even if the process did not constitute manufacture.

4. Referring to recent cases like Plyrub Extrusions (I) Pvt. Ltd. Vs. CCE Belapur, the tribunal affirmed that if duty was paid on the cleared goods, it could be considered as reversal of Cenvat credit. Citing Ajinkya Enterprises case affirmed by the Bombay High Court, the tribunal held that the appellant was entitled to Cenvat credit. Consequently, the impugned order was set aside, and the appeal was allowed with any consequential relief.

5. In conclusion, the tribunal allowed the appeal based on the established legal principles and judicial precedents, determining that the process of converting black rods/bars into bright bars did not amount to manufacture, thus entitling the appellant to Cenvat credit on capital goods used in the process.