2019 (8) TMI 1517 - AT - Central Excise

CENVAT Credit - Sugar Cess - denial of credit on the ground that the same is not one of the duties allowed for Cenvat credit under Rule 3(1) of the Cenvat Credit Rules 2004 - applicability of Section 3(4) of the Sugar Cess Act 1982 - HELD THAT - The credit pertaining to the period September 2009 to August 2014 was taken for the first time in August 2014 itself under due intimation to the revenue authorities whereas the time limit for the purposes of taking credit was introduced for the first time only with effect from 1 September 2004. Also the Sugar Cess credit from September 2014 onwards was taken by the Appellant on a month to month basis prior to its reversal in February 2016 on being objected by the revenue while reserving the right to recredit. Therefore it was a case of recredit and we agree with the Appellant s that no time limit could be imputed for taking recredit of the amount so reversed under protest. Moreover the views expressed by the original authority as regards non-applicability of Circular dated 19 November 2014 is erroneous and unsustainable as the circular speaks about recredit in general and the situations which have been mentioned therein are only illustrative in nature. None of the decisions relied upon by the Adjudicating Authority are dealing with the issue of eligibility of Cenvat Credit of Sugar Cess levied under the Sugar Cess Act. Therefore the decisions relied upon by the Learned Adjudicating Authority has no application to the issue involved herein as a judgement is only an authority for what it decides and not what can be inferred therefrom. Appeal allowed.

Summary

Issues:
- Denial of Cenvat Credit of Sugar Cess
- Time limit for recredit of reversed credit

Analysis:

Issue 1: Denial of Cenvat Credit of Sugar Cess
The Appellant, engaged in the manufacture of aerated water and fruit-based drinks, had claimed Cenvat Credit of Sugar Cess in their ER-1 return for June 2017. The proceedings were initiated against the Appellant on grounds that Sugar Cess was not expressly stipulated as a levy for credit under the Cenvat Credit Rules and that the credit was taken based on invoices issued more than a year prior to the date of claiming credit. The Adjudicating Authority confirmed the demand proposed in the Showcause Notice. However, the Appellant challenged this decision, citing the decision of the Hon'ble Karnataka High Court in the case of Shree Renuka Sugar, where Cenvat Credit of Sugar Cess was allowed. The Appellant also referred to other Tribunal decisions supporting the credit of Sugar Cess. The Tribunal noted that the issue of eligibility of Cenvat Credit of Sugar Cess had not been addressed in the decisions relied upon by the Adjudicating Authority. The Tribunal emphasized the finality of the decision of the Hon'ble Karnataka High Court in the Renuka Sugar case, which favored the assessee. Therefore, the Tribunal held in favor of the Appellant, setting aside the Order-in-Original.

Issue 2: Time limit for recredit of reversed credit
Regarding the issue of invoices being time-barred, the Appellant argued that the credit was initially taken within the limitation period but was reversed later under protest upon objection by the revenue. The Appellant contended that Circular No. 990/14/2014-CX-8 dated 19 November 2014 allowed for recredit in such cases without a time limit. The Tribunal agreed with the Appellant, stating that the Circular on recredit was applicable, and the views of the original authority regarding non-applicability of the Circular were erroneous. The Tribunal ruled that it was a case of recredit, and no time limit could be imposed for recrediting the amount reversed under protest. Consequently, the appeal succeeded, and the impugned Order-in-Original was set aside with any consequential relief.

In conclusion, the Tribunal's detailed analysis and application of legal principles resulted in a favorable decision for the Appellant, emphasizing the importance of relevant legal precedents and circulars in determining the eligibility for Cenvat Credit of Sugar Cess and the time limit for recredit of reversed credit.