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2015 (10) TMI 142 - AT - Central ExciseDenial of CENVAT Credit - Installation of capital in unregistered premises - Held that - Respondent is not eligible to avail CENVAT Credit in respect of the installation of capital goods in the unregistered premises. In any event, the appellant is entitled to avail the credit from 20.07.2004 when the registration certificate was issued to the distilliery unit. In such situation, the assessee would be liable to pay the interest for availing 50% of the credit prior to registration. - It is not clear as to whether the appellant had utilized the credit prior to registration This is required to be examined by the Adjudicating Authority - Matter remanded back - Decided in favour of Revenue.
Issues:
1. Eligibility of CENVAT Credit on capital goods installed in distillery unit. 2. Registration requirement for availing CENVAT Credit. 3. Factual dispute on installation of capital goods in registered premises. 4. Liability for interest on credit availed prior to registration. Issue 1: The case involved the eligibility of CENVAT Credit on capital goods installed in a distillery unit by the Assessees. The Revenue argued that the Assessees were not entitled to the credit as they had not registered the unit until July 2004. However, the Assessees contended that they had informed the authorities about the installation of machinery and requested an amendment to the registration certificate. The Adjudicating Authority noted that the distillery unit was a forward integration for captive use and shared common management with the existing unit, making them eligible for the credit. The Tribunal found a factual dispute regarding the installation of capital goods and ruled that the Assessees could avail the credit from the date of registration, but might be liable to pay interest for credit utilized before registration. Issue 2: The Revenue argued that the Assessees could not avail CENVAT Credit on capital goods installed before unit registration. The Tribunal acknowledged the registration requirement but emphasized that the Assessees had taken steps to inform the authorities and requested an amendment to the registration certificate. The Tribunal directed the Adjudicating Authority to examine whether the Assessees had utilized the credit before unit registration and determine any liability for interest accordingly. Issue 3: A key point of contention was the factual dispute over whether the capital goods were installed in the registered premises of the Assessees during the relevant period. The Revenue claimed that the goods were installed in unregistered premises, while the Assessees argued that they had informed the authorities and were eligible for the credit due to the nature of the distillery unit being a part of their existing operations. The Tribunal noted the conflicting arguments and decided to remand the case for further examination by the Adjudicating Authority. Issue 4: Regarding the liability for interest on credit availed before unit registration, the Tribunal highlighted the need for a detailed examination by the Adjudicating Authority. The Assessees claimed they had not utilized the credit before registration, but the Tribunal stressed the importance of verifying this claim to determine any interest liability. The Tribunal set aside the impugned order and directed the Adjudicating Authority to reconsider the matter, ensuring a fair opportunity for both parties. In conclusion, the judgment addressed the complex issues surrounding the eligibility of CENVAT Credit, registration requirements, factual disputes, and potential liabilities for interest, emphasizing the need for a thorough examination by the Adjudicating Authority to reach a fair decision.
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