2019 (7) TMI 1691 - AT - Central Excise

CENVAT Credit - Job-worker - certain inputs used in the manufacture of job work goods when the job work is carried out under N/N. 214/86-CE - only reason for denial of the credit is that the appellant is using inputs in the job work goods which is exempted under notification 214/86-CE - HELD THAT - There is specific provision under Rule 3 of Cenvat Credit Rules, 2004 wherein the input used for manufacture of goods under exemption notification 214/86-CE credit is allowed - even though the job work goods are exempted under notification 214/86-CE, the credit is allowed. Appeal allowed - decided in favor of appellant.

Summary

Issues involved: Whether the appellant, a job worker, is entitled to Cenvat Credit on inputs used in manufacturing job work goods under notification 214/86-CE exempting the final goods.

Analysis:
1. The core issue in this case is whether the appellant, as a job worker, can claim Cenvat Credit on inputs used in manufacturing job work goods when the final goods are exempted under notification 214/86-CE. The department's contention is that since the final goods are exempted, the appellant is not entitled to the credit.

2. The appellant's counsel, relying on previous Tribunal judgments, argued in favor of the appellant's entitlement to the credit. The Tribunal had previously ruled in favor of the appellant in a similar case, citing judgments like Banco Aluminium Ltd. and Sterlite Industries Ltd. vs Commr. of Central Excise, Pune, which were upheld by the Hon'ble Bombay High Court.

3. The Assistant Commissioner representing the Revenue reiterated the findings of the impugned order, supporting the department's stance on denying the credit to the appellant.

4. The presiding Member, after hearing both sides and examining the records, noted that the denial of credit was solely based on the inputs being used in job work goods exempted under notification 214/86-CE. However, Rule 3 of the Cenvat Credit Rules, 2004 allows credit for inputs used in goods under exemption notification 214/86-CE.

5. The presiding Member highlighted the specific provision in Rule 3 that permits credit for inputs used in the manufacture of goods under exemption notification 214/86-CE, even if the final goods are exempted. Referring to the precedent set in the appellant's own case and the judgment of the larger bench in Sterlite Industries Ltd., the presiding Member concluded that the impugned order was set aside, and the appeal was allowed.

6. The judgment, pronounced in open court, establishes the appellant's entitlement to Cenvat Credit on inputs used in manufacturing job work goods, even when the final goods are exempted under notification 214/86-CE.