2008 (5) TMI 104 - AT - Central Excise

During the years 2000-01 & 2001-2002, assessee procured iron moulds & availed 50% credit of the actual duty paid and the balance 50% credit was availed in the subsequent F.Y.s i.e. 2001-02 and 2002-03 revenue plea that moulds had been scrapped & no longer in existence so balance of 50% credit is not admissible, is acceptable Amendment to rule 4(2) and circular no. 747/53/2003 &755/71 /2003 which allows such credit cannot be relied upon as these were not applicable during the disputed time

Summary

Issues:
1. Availment of cenvat credit on inputs and capital goods.
2. Disallowance of balance 50% cenvat credit on cast iron moulds.
3. Interpretation of Rule 4(2)(a) & (b) of the Cenvat Credit Rules.
4. Applicability of Circulars 747/53/2003-CX and 755/71/2003-CX.
5. Upholding of demands, interest, and penalty by the department.
6. Adjudication orders upheld by the Commissioner (Appeals).

Analysis:

1. The appellants, manufacturers of M.S. ingots, availed cenvat credit on inputs and capital goods. They procured cast iron moulds during 2000-2001 and 2001-2002, availing 50% credit initially and the remaining 50% in subsequent financial years. The department objected to the balance 50% credit claiming the moulds were scrapped and not in possession or use as required by Rule 4(2)(a) & (b) of the Cenvat Credit Rules.

2. The Tribunal considered Circulars 747/53/2003-CX and 755/71/2003-CX. Circular 747 allowed full credit on moulds in the first year of acquisition, while Circular 755 permitted the balance 50% credit in the subsequent financial year if the moulds were used in manufacturing but not available. However, as the rule was amended only in September 2003, the Tribunal held that the circulars were not applicable to the appellants, as the credit was taken before the amendment and demands were confirmed prior to it.

3. The Tribunal upheld the department's decision to disallow the balance 50% cenvat credit, citing non-compliance with Rule 4(2)(a) & (b) of the Cenvat Credit Rules. The demands for recovery of inadmissible credit, along with interest and penalty imposed on the assessees, were confirmed. The Commissioner (Appeals) also upheld these adjudication orders, leading to the appeals before the Tribunal.

4. After hearing both sides, the Tribunal concurred with the department's stance, agreeing that the credit was not admissible to the appellants. Consequently, the impugned order was upheld, and the appeals were rejected. The judgment highlights the importance of compliance with the Cenvat Credit Rules and the timing of credit availment in accordance with relevant circulars and amendments to the rules.

This detailed analysis of the judgment provides a comprehensive overview of the issues involved, the arguments presented, and the Tribunal's decision, ensuring a thorough understanding of the legal aspects and implications of the case.