2015 (10) TMI 1193 - AT - Central Excise

Reversal of CENVAT Credit - whether the appellant is liable to reverse the cenvat credit of duty availed on the inputs which were issued for manufacture of the final product but got destroyed in fire, during the course of manufacture of the final product, before reaching the final stage i.e. as work in progress - Held that - The law is no more res integra and identical situation was considered by the Hon ble Madras High Court in the case of Commissioner of Central Excise, Chennai-IV Vs. Fenner India Ltd. 2014 (11) TMI 704 - MADRAS HIGH COURT and it was held that there is no requirement of reversal of cenvat credit in respect of inputs destroyed as contained in work in progress, even after the amendment of the law w.e.f. 07.09.2007, inasmuch as the subject amendment pertains to only inputs as contained in final products, destroyed in fire - Impugned order is set aside - Decided in favour of assessee.

Summary

Issues Involved:
Whether the appellant is liable to reverse the cenvat credit of duty availed on inputs destroyed in fire during the manufacturing process before reaching the final stage as work in progress.

Analysis:
The judgment revolves around the issue of whether the appellant is obligated to reverse the cenvat credit of duty availed on inputs that were destroyed in a fire during the manufacturing process before reaching the final stage as work in progress. The Revenue contended that the appellant should have reversed the credit. Initially, the proceedings against the appellant were dropped by the Additional Commissioner, but the Commissioner (Appeals) overturned this decision upon the Revenue's appeal.

The judgment cited a precedent set by the Hon'ble Madras High Court in the case of Commissioner of Central Excise, Chennai-IV Vs. Fenner India Ltd., where it was established that there is no requirement to reverse cenvat credit for inputs destroyed as part of work in progress, even after the law amendment of 2007. The amendment specifically pertains to inputs in final products destroyed by fire. Additionally, the judgment referenced a recent decision by the Tribunal in the case of Glenmark Generics Ltd. Vs. CCE, Pune-III -Appeal No. E/1111/08.

Based on the precedents and decisions mentioned, the judge, Archana Wadhwa, set aside the order of the Commissioner (Appeals) and reinstated the original adjudicating authority's decision. Consequently, the appeal was allowed in the aforementioned terms. The judgment highlights the importance of legal precedents and interpretations in determining the liability of cenvat credit reversal in cases of input destruction during the manufacturing process.