2015 (10) TMI 1356 - AT - Central Excise

Waiver of pre deposit - Reversal of CENVAT Credit - Imposition of penalty - Held that - Appellant purchased the capital goods in the period between 2003 and 2005 and used them in its factory till they were sold to M/s. Harsh International (Khaini) Pvt. Ltd. in June and July, 2007. Thus the capital goods were used for a period of 2 to 4 years. They cannot therefore be stated to be sold as such capital goods. They were sold as used capital goods. We agree with the Bombay and Punjab & Haryana High Courts and hold that the appellant was not liable to pay excise duty in accordance with Rule 3(5) when it removed the used capital goods and consigned them to M/s. Harsh International (Khaini) Pvt. Ltd. - there is no question of paying any penalty under Section 11AC of the Act or any interest on the duty. Thus the appellant is not liable to the payment of duty, interest or penalty. - requirement of pre-deposit is waived and stay against recovery is granted during the pendency of appeal - Stay granted.

Issues:
1. Consideration of limitation in demand for CENVAT credit availed by appellants.
2. Interpretation of Rule 3(5) of CENVAT Credit Rules, 2004 regarding removal of capital goods after use.
3. Examination of the original adjudicating authority's decision on limitation.
4. Analysis of the Commissioner(Appeals) order and its reliance on previous judgments.
5. Applicability of various judicial decisions on the issue at hand.

Analysis:
1. The Tribunal remanded the matter to consider the claim that the demand was time-barred, focusing on the limitation issue. The original adjudicating authority dropped proceedings, citing decisions supporting the view that duty need not be paid on capital goods cleared after use during the relevant period. The authority found that the appellant had a bona fide belief due to the absence of rules on clearance of such goods.
2. The case involved an interpretation of Rule 3(5) of CENVAT Credit Rules regarding the removal of capital goods after use. The Tribunal referenced the case of Harsh International Pvt. Ltd. and the subsequent amendment to the rule, emphasizing the distinction between used and unused capital goods for duty payment purposes.
3. The original adjudicating authority's detailed order supported the appellant's belief that duty was not payable on capital goods cleared after use, as there were no specific rules governing such clearances. In contrast, the Commissioner(Appeals) decision lacked depth and erroneously dismissed the demand without proper analysis of relevant case law.
4. The Commissioner(Appeals) decision was critiqued for not adequately addressing the legal basis for dropping the demand. The reliance on the earlier order, which was set aside, without detailed discussion of relevant case law, was deemed insufficient. The judgment highlighted the importance of considering the context and ratio of judgments in legal decisions.
5. Various judicial decisions were cited to support the appellant's position, including the interpretation of 'as such' in Rule 3(5) by different High Courts and the Tribunal's stance on the reversal of CENVAT credit for capital goods cleared after use. The relevance of these decisions in the present case was emphasized to argue against the demand for duty payment.

The judgment ultimately favored the appellant, dismissing the appeal of the Revenue and waiving the pre-deposit requirement. The decision was based on a comprehensive analysis of the limitation issue, interpretation of relevant rules, and the application of judicial precedents supporting the appellant's position.

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