2008 (8) TMI 174 - AT - Service Tax

Common inputs used in mfg. of dutiable and exempted goods - non-maintenance of separate accounts - question whether the input service tax credit taken before 1.3.05 when entire production was cleared on payment of duty, are admissible to the assessee as claimed by them requires to be carefully examined prima facie credit is admissible matter is remanded in respect of credit reversed, appellant is directed to pay interest at the appropriate rate thereon

Summary

Issues:
1. Demand under Rule 6(3)(b) of the CENVAT Credit Rules, 2004 due to failure to maintain separate accounts for common inputs.
2. Admissibility of credit on common inputs and input services used in the manufacture of dutiable and exempted final products.
3. Application of the principle that reversed credit is as good as not taken.
4. Appeal of M/s. Ruchi Soya Industries Ltd. against a demand of Rs. 23,23,45,334/- for exempted final products.
5. Appeal of M/s. Mount Mettur Pharmaceuticals Ltd. against a demand of Rs. 1,27,16,888/- for exempted final products.

Analysis:
1. The appeals involved demands under Rule 6(3)(b) of the CENVAT Credit Rules, 2004 due to the failure to maintain separate accounts for common inputs. Both M/s. Mount Mettur Pharmaceuticals Ltd. and M/s. Ruchi Soya Industries Ltd. faced demands for 10% of the value of exempted final products cleared from their factories during specific periods. The demands were based on the lack of separate accounts for inputs used in the manufacture of both dutiable and exempted final products.

2. The issue of admissibility of credit on common inputs and input services used in the manufacture of dutiable and exempted final products was raised. In the case of M/s. Ruchi Soya Industries Ltd., the total credit taken on input services included amounts specified under Rule 6(5) of the CENVAT Credit Rules, 2004. The Tribunal found that certain credits were reversed before adjudication, while others required a detailed examination by the adjudicating authority.

3. The Tribunal applied the principle that reversed credit is as good as not taken, citing relevant case law. It was established that once the credit on common inputs/input services was reversed, the demand under Rule 6(3)(b) was not sustainable. The Tribunal referred to previous decisions and emphasized the importance of maintaining separate accounts for inputs used in different streams of final products.

4. In the appeal of M/s. Ruchi Soya Industries Ltd., the Tribunal set aside the impugned demand and remanded the case to the Commissioner for a detailed examination of the admissibility of certain credits. The decision was to be made after providing the party with a reasonable opportunity to be heard. The impugned demand was set aside along with the penalty.

5. In the appeal of M/s. Mount Mettur Pharmaceuticals Ltd., the Tribunal directed the payment of interest on the reversed credit at the applicable rate within 30 days. Once the interest was paid, the impugned demand was set aside along with the penalty, and the appeal was allowed.