2016 (7) TMI 1503 - AT - Central Excise

CENVAT Credit - common input used in dutiable as well as exempt goods - iron ore fines - Rule 6(3)(b) of the Cenvat Credit Rules 2004 - iron ore fines exempt gods or not? - Held that - In the process of screening and handling of iron ore some fines generated which the appellant sold to its customers. Generation of iron ore fines cannot be considered as separate excisable commodity since no manufacturing activity is involved for emergence of the same out of iron ore by the appellant - Further iron ore fines is not exempted from payment of duty in terms of notification issued by the Central Govt. Thus iron ore fines will not be considered as exempted goods and the embargo created in Rule 6(3)(b) of the Cenvat Credit Rules 2004 will not apply for removal of iron ore in fines form from the factory - appeal allowed - decided in favor of appellant.

Summary

Issues:
1. Availment of Cenvat credit on service tax paid for GTA service.
2. Interpretation of Rule 6(3)(b) of the Cenvat Credit Rules, 2004.
3. Classification of iron ore fines as exempted goods.

Availment of Cenvat credit on service tax paid for GTA service:
The appellant, engaged in sponge iron manufacturing, availed Cenvat credit of service tax paid on GTA service for bringing iron ore to the factory. The Department demanded service tax under Rule 6(3)(b) of the Cenvat Credit Rules, 2004, citing iron ore's use in manufacturing both dutiable products like sponge iron and exempted goods like iron ore fines. The impugned order upheld the demand, leading to the appeal.

Interpretation of Rule 6(3)(b) of the Cenvat Credit Rules, 2004:
The central issue revolved around whether iron ore fines qualify as exempted goods under Rule 6(3)(b). The Tribunal analyzed the manufacturing process, highlighting that iron ore fines are not a separate excisable commodity as no distinct manufacturing activity occurs for their emergence from iron ore. Moreover, iron ore fines are not duty-exempt per Central Government notifications. Consequently, the Tribunal concluded that iron ore fines do not fall under the category of "exempted goods," rendering the demand on the appellant unjustified.

Classification of iron ore fines as exempted goods:
The Tribunal's decision emphasized that the creation of iron ore fines does not involve a separate manufacturing process, precluding them from being considered exempted goods. Since iron ore fines do not enjoy duty exemption as per government notifications, they do not meet the criteria for exemption under Rule 6(3)(b) of the Cenvat Credit Rules, 2004. Consequently, the confirmation of the demand on the appellant was deemed improper and unjustified, leading to the appeal's allowance in favor of the appellant by setting aside the impugned order.

This detailed analysis of the judgment showcases the Tribunal's thorough examination of the issues surrounding Cenvat credit availed on service tax, the interpretation of relevant rules, and the classification of iron ore fines as exempted goods, resulting in a favorable outcome for the appellant.