2016 (1) TMI 695 - AT - Central Excise

Reversal of CENVAT credit - calculation of interest - amount of CENVAT credit attributable to inputs used in the exempted goods - Held that - The appellant has already reversed ₹ 1,90,160.91 which is attributable to the inputs used for manufacture of goods cleared under exemption. Provisions of Rule 6(3) are applicable in this case and the assessee having deposited an amount of ₹ 2,43,600/- on the direction of the Tribunal, they can be extended the benefit provisions of Rule 6(3), regarding the procedure rule followed or opt to reverse the CENVAT Credit attributable to CENVAT Credit. This Tribunal in the case of Mercedes Benz India Ltd. 2015 (8) TMI 24 - CESTAT MUMBAI has held that these are procedures and non-compliance can be at the most procedural lapse. Thus the proposition is accepted that the amount to be reversed is an amount of CENVAT Credit attributable to the inputs consumed in the manufacture of finished goods, accordingly allow the appeal filed by the appellant to that extent and hold that the lower authority shall work out the interest payable on amount of ₹ 1,90,160.91 and adjust the amount of CENVAT Credit to the already paid of ₹ 2,43,600/- and interest thereof, from the deposit already made by the appellant on the direction of the Tribunal and if any interest is recoverable the same be recovered from the appellant. As regards the penalty, it is held that in the facts and circumstances of the case the same is set aside.

Summary

Issues involved:
Confirmation of demand for 10% of the value of exempted goods cleared under a specific notification, availing CENVAT Credit on duty paid inputs common to dutiable and exempted goods, applicability of Rule 3 of CENVAT Credit Rules, 2004, compliance with Rule 6(3), interest payable on reversed amount, adjustment of CENVAT Credit and interest, penalty imposition.

Confirmation of demand for 10% of the value of exempted goods cleared under a specific notification:
The case involved the appellant claiming exemption under a particular notification for goods cleared under invoice dated 16.4.2008. The issue was the confirmation of demand for an amount equivalent to 10% of the value of exempted goods. The appellant had availed CENVAT Credit on duty paid inputs common to both dutiable and exempted goods. The appellant had reversed an amount attributable to the inputs used in the manufacture of exempted goods, supported by a certificate. The Tribunal considered the appellant's submissions and found that the appellant had already reversed the amount attributable to the inputs used for the exempted goods.

Applicability of Rule 3 of CENVAT Credit Rules, 2004:
The appellant argued that the provisions of Rule 3 of CENVAT Credit Rules, 2004 would apply in this case, mandating the reversal of CENVAT Credit attributable to inputs used in exempted goods. The Tribunal examined the appellant's compliance with Rule 3 and found that the appellant had reversed the amount attributable to the inputs used in the manufacture of exempted goods. The Tribunal referred to a previous case to support that non-compliance with procedural rules could be considered a procedural lapse.

Compliance with Rule 6(3) and interest payable on reversed amount:
The Tribunal determined that Rule 6(3) was applicable in this case, and since the appellant had deposited a specific amount on the Tribunal's direction, they could benefit from the provisions of Rule 6(3). The Tribunal directed the lower authority to calculate the interest payable on the reversed amount and adjust it with the already paid amount by the appellant. Any recoverable interest was to be collected from the appellant. The Tribunal emphasized the importance of following procedural rules but set aside the penalty considering the circumstances of the case.

In conclusion, the Tribunal allowed the appeal filed by the appellant to the extent that the amount to be reversed was the CENVAT Credit attributable to the inputs consumed in the manufacture of finished goods. The lower authority was instructed to work out the interest payable, adjust it with the amount already paid by the appellant, and recover any outstanding interest from the appellant. The penalty was set aside based on the facts and circumstances of the case, and the appeal was disposed of accordingly.