2008 (5) TMI 55 - AT - Central Excise

Recovery of wrongly availed credit - appellant had argued that they had received hose assemblies and before exporting them under bond the same were subjected to processes of testing, inspection and packing, which amounts to manufacture so they are eligible for credit of duty paid on hose assemblies held that bought out goods which were exported could not be considered as inputs qualifying for credit recovery of credit & interest is justified assessee s appeal dismissed

Summary

Issues:
1. Challenge to the order of the Commissioner (Appeals) confirming recovery of wrongly availed credit and demanding interest.
2. Interpretation of processes like testing, inspection, and packing as processes of manufacture for availing duty credit.
3. Eligibility of duty credit on goods procured solely for export under bond.
4. Applicability of Cenvat scheme to inputs not used in the manufacture of final products.
5. Comparison of the present case with previous judgments on similar issues.

Analysis:

1. The subject appeal challenges the order of the Commissioner (Appeals) which confirmed the recovery of wrongly availed credit of Rs. 1,82,454/- and demanded appropriate interest. The penalty imposed under Rule 13(1) of the Cenvat Credit Rules, 2002, was reduced from Rs. 18,000/- to Rs. 5,000.

2. The appellant argued that the processes of testing, inspection, and packing of hose assemblies for export amounted to manufacture, making them eligible for duty credit. They contended that the inputs were subjected to processes amounting to manufacture before export, justifying the availed credit.

3. The Commissioner (Appeals) relied on a clarification stating that if goods were procured solely for export and not used in the manufacture of final products, credit was not available. The appellant's claim that the processes for export did not constitute manufacture was not pressed, leading to the confirmation of the demand and interest.

4. The Cenvat scheme allows credit of duty paid on inputs for the final products manufactured using those inputs. However, the rules do not permit taking credit for inputs not used in the manufacture of final products and procured solely for export under bond.

5. The Tribunal considered a previous judgment in the appellant's own case where it was held that goods became fully manufactured before export, and processes like testing and export packing were incidental to the completion of manufacture. The Tribunal dismissed the appeal, upholding the demand for credit and interest, citing statutory provisions and previous rulings.

In conclusion, the Tribunal dismissed the appeal filed by the appellant, stating that the transactions were not intended to be covered by the Cenvat scheme. The decision was based on statutory provisions and previous rulings, affirming the demand for credit and interest while reducing the penalty.