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2007 (12) TMI 174 - AT - Central ExciseRepair of yarn by way of rewinding & repacking by using inputs (cones & packing material) impugned process is not manufacture therefore cones & packing material are not eligible for credit
Issues:
1. Recovery of Cenvat credit and penalty for availing credit on inputs not used in manufacturing excisable goods. Analysis: The case involved an appeal filed by the Revenue against an order allowing the appeal of the respondents regarding the recovery of Cenvat credit and penalty for allegedly availing credit on inputs not used in the manufacture of excisable goods. The respondents, engaged in manufacturing man-made yarn under the Cenvat credit scheme, cleared yarn after rewinding and repacking, using certain inputs for which they availed credit. The dispute arose when the Revenue contended that the processing of rewinding and repacking did not amount to manufacture, thus the credit on inputs used in such activities should not be allowed. The Commissioner (Appeals) had set aside the demand and penalty, holding that credit cannot be denied for inputs used in activities like reconditioning or remaking defective products during the manufacturing process. However, the appellate tribunal disagreed with this reasoning. The tribunal found that the rewinding and repacking done by the respondents did not constitute manufacturing but rather amounted to repairing the goods, for which credit on inputs is not permissible. The tribunal emphasized that the manufacturer is not entitled to credit for inputs used in repair activities as repair does not qualify as manufacturing under the Cenvat Credit Rules. Therefore, the tribunal set aside the impugned order of the Commissioner (Appeals) and restored the order of the adjudicating authority, which confirmed the demand for recovery of Cenvat credit and imposition of penalty on the respondents. The appeal filed by the Revenue was allowed based on the principle that credit on inputs used for repair activities, such as rewinding and repacking, is not admissible under the Cenvat Credit Rules.
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