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2019 (4) TMI 1828 - AT - Central ExciseCENVAT Credit - SSI Exemption - value based exemption - whether Rule 6(3) of Cenvat Credit Rules, 2004 is attracted on clearance of goods, under value based exemption / SSI exemption under N/N. 8/2003-CE? HELD THAT - The learned Commissioner has resorted to stretching the law, which is not permissible. As exempted goods are defined in the Cenvat Credit Rules, which does not include any exemption under Section 5A of the Central Excise Act but only includes goods exempt specifically under N/N. 1/2011-CE and 12/2012-CE. The learned Commissioner (Appeals) have erred in interpreting the provisions of Cenvat Credit Rules and accordingly reached an irrational conclusion - the order in original is restored - appeal allowed - decided in favor of appellant.
Issues:
1. Whether Rule 6(3) of Cenvat Credit Rules, 2004 is attracted on clearance of goods under value-based exemption/SSI exemption under Notification No. 8/2003-CE. Analysis: The case involved a dispute regarding the applicability of Rule 6(3) of the Cenvat Credit Rules, 2004 on the clearance of goods under a value-based exemption/SSI exemption. The appellants were initially availing the benefit of SSI exemption under Notification No. 8/2003-CE for both Polyurethane foam and Ceramic fibers. However, upon an audit observation that Polyurethane foam was not covered under the SSI exemption, the appellants started paying duty on Polyurethane foam while still availing the exemption for Ceramic fibers. The issue arose when the audit pointed out non-compliance with Rule 6(3)(i) of the CCR, 2004 in relation to Ceramic fibers, which were cleared under exemption. A show cause notice was issued for the recovery of the payable amount under Rule 6(3)(i) of the Cenvat Credit Rules, 2004. The Tribunal held that there was a restriction on availing Cenvat credit on inputs used in the manufacture and clearance of Ceramic fibers, but not on input services. The demand was upheld based on a previous ruling. The Revenue appealed to the Commissioner (Appeals), who held that exempted goods under Rule 6 of the Cenvat Credit Rules, 2004 include goods exempted by a notification issued under Section 5A of the Central Excise Act. Therefore, the provisions of Rule 6 were deemed applicable, and the appellants were liable to pay the amount as per Rule 6(3) of the Cenvat Credit Rules, 2004. The appellant argued that the Commissioner erred in considering the value-based clearances under Notification No. 8/2003-CE as exempted goods, contrary to the definition of exempted goods in Rule 2(d) of the Cenvat Credit Rules, 2004. The definition of exempted goods was analyzed to show that goods enjoying value-based exemption under Notification No. 8/2003-CE were not included. The Tribunal found that the Commissioner had misinterpreted the provisions of the Cenvat Credit Rules and allowed the appeal, setting aside the impugned order and restoring the original order. The appeal was allowed with consequential relief, highlighting the specific criteria for goods to be considered exempted under the Cenvat Credit Rules, 2004.
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