2015 (10) TMI 147 - AT - Central Excise

Denial of Benefit of Cenvat Credit - appellant availed credit on the rejected inputs/raw-materials, lying in the factory, which could not be put to use in the final product - Held that - Commissioner observed that appellant availed Cenvat Credit of ₹ 18,035.00/- on rejected raw-materials, Rule 3 of the Cenvat Credit Rules, 2004 provides that the manufacture is eligible to avail Cenvat Credit on duty paid inputs used in or in relation to the manufacture of final products. In the present case, there is no dispute that the inputs were rejected material and cannot be used in or in relation to the manufacture of the final products. The appellant reversed credit during the investigation. Admittedly the input is rejected materials and it cannot be used in the manufacture products. - demand of duty of ₹ 18,035.00/- alongwith interest is a upheld. The demand of duty in respect of the other issues and penalty are set-aside - Decided partly in favour of assessee.

Summary

Issues:
1. Availment of Cenvat Credit on rejected inputs
2. Denial of Cenvat Credit on outward freight charges
3. Liability to pay duty on rejected goods cleared to other units

Analysis:

Issue 1: Availment of Cenvat Credit on rejected inputs
The appellant availed Cenvat Credit on rejected raw-materials, which the Adjudicating Authority deemed inadmissible as they could not be used in the final product. The Commissioner (Appeals) set aside penalties but upheld the demand of duty. The appellant argued that the rejected raw-materials were in the factory and cited a case precedent. However, the Tribunal found the appellant's argument invalid as the rejected materials were unfit for use in the final product. The Tribunal differentiated this case from the precedent where goods were written off, emphasizing that in this case, the materials were rejected and unusable.

Issue 2: Denial of Cenvat Credit on outward freight charges
The demand for Cenvat Credit on outward freight charges was contested by the appellant, claiming a misunderstanding of the law led to the reversal of credit before the Show Cause Notice. Case laws were cited to support the eligibility of availing credit on outward freight charges. The Tribunal noted the period of the case and allowed the credit on outward freight based on legal precedents cited by the appellant.

Issue 3: Liability to pay duty on rejected goods cleared to other units
The Commissioner (Appeals) observed that no process was undertaken by the appellant on the rejected goods cleared to other units, leading to the demand for duty. However, the appellant argued that they had indeed processed the rejected goods, citing a Tribunal decision supporting their position. The Tribunal agreed with the appellant, emphasizing that the facts of the case and legal precedents favored the appellant's argument. The demand for duty and penalty on this issue was set aside.

In conclusion, the Tribunal upheld the demand of duty on rejected inputs but set aside the demands and penalties on the other issues. The Tribunal emphasized the importance of legal precedents and factual analysis in determining the liability for duty and Cenvat Credit. The appeal was disposed of accordingly, with the appellant's application for an extension of the stay order being dismissed as infructuous.