2021 (12) TMI 1495 - AT - Central Excise

CENVAT Credit - by-product - Ammonium Sulphate arising during the course of manufacture of final product, namely, Potassium Cyanides, Sodium Cyanides - Applicability of Rule 6(3) of Cenvat Credit Rules - HELD THAT - The issue is that whether Ammonium Sulphate is a by-product and whether Rule 6(3) is applicable in respect of clearance of such by-product. This issue has been considered by this Tribunal in the appellant s own case of M/s Hindustan Chemical Company, wherein the Tribunal has held that The appellant through technical certificates/opinions has fairly established that during the course of manufacture of finished goods, what emerges is Ammonium Sulphate as a by-product and no contrary opinion/evidence adduced by Revenue. In view of the above decision of this Tribunal since the issue has been settled that Ammonium Sulphate being a by-product arising in the course of manufacture of final product, the demand under Rule 6(3) is not applicable. The impugned order is set aside - appeal is allowed.

Summary

Issues involved: Whether the appellant is required to pay an amount in terms of Rule 6(3) of Cenvat Credit Rules for the by-product Ammonium Sulphate arising during the manufacture of final products Potassium Cyanides and Sodium Cyanides.

Analysis:
The judgment delivered by the Appellate Tribunal CESTAT AHMEDABAD, under the direction of Hon'ble Mr. Ramesh Nair, Member (Judicial), addresses the issue of whether the appellant is obligated to pay under Rule 6(3) of Cenvat Credit Rules for the by-product Ammonium Sulphate. The appellant argued that a previous order by the Tribunal had ruled in their favor regarding the treatment of Ammonium Sulphate as a by-product, exempting it from Rule 6(3). The Revenue, represented by Shri R. Parekh, opposed this stance. Upon careful consideration of both arguments and a review of the records, the Tribunal examined whether Ammonium Sulphate qualifies as a by-product and if Rule 6(3) is applicable to its clearance. The Tribunal referred to a previous case involving M/s Hindustan Chemical Company, where a similar issue was resolved in favor of the appellant. The Tribunal quoted the previous order, stating that the principle established in that case applied to the present situation, leading to the setting aside of the impugned order and allowing the appeal with consequential relief, if any, as per the law.

In light of the precedent set by the Tribunal in a similar case, where Ammonium Sulphate was considered a by-product exempt from Rule 6(3), the Tribunal concluded that the demand under Rule 6(3) was not applicable in the present case. Therefore, the impugned order was set aside, and the appeal was allowed, aligning with the previous decision and providing relief to the appellant. The judgment, dictated and pronounced in open court, solidifies the understanding that Ammonium Sulphate, as a by-product arising during the manufacture of final products, is not subject to the payment obligation under Rule 6(3) of the Cenvat Credit Rules.