2008 (1) TMI 311 - AT - Central Excise

Appellants are manufacturers of Wires from Wire Rods - input wire rod used in order to manufacture the wires, which were removed on payment of duty denial of Modvat credit on inputs on the ground that the process does not amount to manufacture - In view of the taxation laws amendment act 2006, which amended Rule 16 of the Central Excise Rules, credit should be allowed of duty paid of wires (on receipt back of wires) assessee s appeal allowed

Summary

Issues:
1. Availment of Cenvat credit on capital goods and input wire rods for manufacturing wires.
2. Circular withdrawal by the Board affecting the credit availed.
3. Impact of Taxation Laws Amendment Act, 2006 on the case.

Analysis:
1. The appellants availed Cenvat credit on capital goods and input wire rods to manufacture wires. A circular by the Board clarified that drawing wire from wire constituted manufacturing and attracted Central Excise duty. However, subsequent to Supreme Court decisions and circular withdrawal in 2003, show cause notices were issued for denying Modvat credit, alleging the process did not amount to manufacture. The appellants followed the Board's circular during the relevant period, leading to the matter being taken up by the Ministry.

2. The Taxation Laws Amendment Act, 2006, specifically amending Rule 16 of the Central Excise Rules, impacted the case significantly. The Act included wire drawing units clearing goods on payment of duty equivalent to drawn wire's rate on the removal date as assesses. It further allowed the amount paid as Cenvat credit, akin to duty paid by the goods remover. Considering this amendment, the demand upheld by the Lower Authority and Commissioner (Appeals) was deemed invalid, leading to the appeal's allowance with consequential relief.

3. The judgment, delivered by Member (T), highlighted the crucial impact of the Taxation Laws Amendment Act, 2006, on the case. By amending Rule 16 of the Central Excise Rules, the Act redefined the scope of assesses to include wire drawing units, thereby altering the dynamics of duty payment and credit availment for such units. This legal development played a pivotal role in overturning the earlier decisions and providing relief to the appellants based on the retrospective application of the amended rule. The Tribunal's decision to allow the appeal with consequential relief was grounded in the statutory changes introduced by the Amendment Act, which effectively nullified the earlier demands made by the authorities.