2023 (8) TMI 1367 - HC - Central Excise

Availment and utilization of CENVAT Credit - inputs or not - tubes and flaps which are neither used in or in relation to the manufacture of final products - contravention of provisions of Rule 3(1) of Cenvat Credit Rules 2004 - whether Hon ble CESTAT and Commissioner has erred in law in considering the question of law to be settled in view of the orders passed in favour of the assessee for previous assessment years? HELD THAT - In the case of COMMISSIONER OF CENTRAL EXCISE SERVICE TAX-JAIPUR (PRESENTLY COMMISSIONER CENTRAL EXCISE COMMISSIONERATE ALWAR) VERSUS M/S BALKRISHAN INDUSTRIES LTD. 2017 (11) TMI 1100 - RAJASTHAN HIGH COURT the issue involved in the present case was considered by this Court and the appeal of Revenue was dismissed. Thus no substantial question of law arises for consideration in the present appeal. The appeal is accordingly dismissed.

Summary

Issues Involved:
The issues involved in the judgment are:
1. Availing and utilization of Cenvat Credit on tubes and flaps not used in or in relation to the manufacture of final products.
2. Contravention of Rule 3(1) of Cenvat Credit Rules, 2004.
3. Error in law by CESTAT and Commissioner in considering settled questions of law.
4. Formulation of any other question of law by the High Court.

Availing and Utilization of Cenvat Credit:
The primary issue in this appeal was whether the Assessee rightly availed and utilized the Cenvat Credit on tubes and flaps that were not used in or in relation to the manufacture of final products, specifically Rubber-Tyres. These items were not considered as accessories of the final product. The question revolved around whether these items fell under the definition of "Inputs" as per Rule 2(k) of Cenvat Credit Rules, 2004 for the relevant period mentioned in the Show Cause Notice.

Contravention of Rule 3(1) of Cenvat Credit Rules:
Another significant issue raised was whether the Assessee contravened the provisions of Rule 3(1) of Cenvat Credit Rules, 2004 by wrongly availing and utilizing the Cenvat Credit. This raised a question of compliance with the specific rules governing the utilization of Cenvat Credit within the prescribed framework.

Error in Law by CESTAT and Commissioner:
The appeal also questioned whether the CESTAT and Commissioner erred in law by considering the issue to be settled based on previous orders passed in favor of the Assessee for previous assessment years. The withdrawal of a Petition before the Supreme Court of India by the Department raised concerns regarding the open consideration of the question of law due to monetary limits.

High Court Decision:
The High Court, referencing a previous case involving a similar issue, concluded that no substantial question of law arose for consideration in the present appeal. The Court noted that the issue had been previously considered and the appeal of the Revenue was dismissed. Consequently, the appeal in question was dismissed based on the above reasoning.

This summary provides a detailed breakdown of the issues involved in the judgment, outlining the key legal questions and the ultimate decision of the High Court.