2016 (6) TMI 828 - AT - Central Excise

Cenvat Credit - duty paid by the Job worker - inputs which were transferred to the job worker without reversal of such credit - The case of the Revenue is that the appellants have availed credit on same inputs twice - first as duty paid on inputs when initially purchased and second time as duty paid on processed goods from the job worker. - Held that - The issue came up only because the jurisdictional officers at the job worker s end held that job worker is a manufacturer not eligible for the concession under notification no. 214/86. This resulted in the payment of duty by the job worker on the processed goods cleared back to the appellant. The supplementary invoice was issued to pass on the duty so paid. The credit was availed by the appellant on these invoices. - Credit allowed - Demand set aside - Decided in favor of assessee.

Issues:
- Availing cenvat credit on inputs sent to job worker without reversal of credit.
- Denial of credit on inputs transferred to job worker.
- Allegation of availing credit twice on the same inputs.
- Dispute regarding duty payment by job worker.
- Appellant's contention on following approved procedure.
- Jurisdictional officer's role in the dispute.
- Legal basis for denial of credit.
- Revenue's argument on eligibility for concession under notification.
- Tribunal's analysis of relevant rules and previous decisions.
- Decision on the appeal.

Analysis:

1. The appeal challenges an order by the Commissioner of Central Excise regarding the availing of cenvat credit by the appellants on inputs sent to a job worker without reversing the credit. The appellants, engaged in manufacturing flavors/perfumery compounds, transferred inputs to a job worker for further processing, leading to a dispute over duty payment by the job worker. The Commissioner's order concluded that the credit on goods supplied to the job worker free of cost was not available to the appellants, resulting in a demand for recovery along with a penalty.

2. The appellant's counsel argued that they followed Rule 4(5)(a) of the Cenvat Credit Rules, clearing duty-paid inputs to the job worker without needing to reverse the credit. The job worker, under exemption notification 214/86, was compelled to pay duty on processed goods due to proceedings initiated by jurisdictional officers. The appellant maintained that they did not avail credit twice on the same inputs and that the revenue's allegations were unfounded.

3. The counsel highlighted that the credits were based on duty discharged by the appellant, citing precedents like Bharat Heavy Electricals Ltd. and emphasizing the revenue-neutral nature of the exercise. They contested the imposition of an equal penalty, asserting that both the appellant and job worker adhered to an approved procedure, and the penalty lacked a legal basis.

4. The Revenue supported the findings of the impugned order, arguing that once the job worker was deemed ineligible for a concession under notification 214/86, the appellant could not continue availing credit on inputs and processed goods.

5. The Tribunal examined the records and the core issue of whether the appellants were justified in availing credit on inputs before sending them to the job worker and again on the processed goods received back. The Tribunal found that the procedure followed by the appellants under Rule 4(5)(a) was legally sound, and the dispute arose due to the job worker being considered a manufacturer ineligible for the concession under notification 214/86.

6. The Tribunal referenced previous decisions, including Bharat Heavy Electricals Ltd., Thermax Ltd., and Southern Lubrication Pvt. Ltd., to support its analysis. These decisions emphasized that availing cenvat credit on inputs sent to job workers without reversal was permissible under the rules, and denial of credit on processed goods paid for by job workers was unwarranted.

7. Ultimately, the Tribunal found no merit in the impugned order and set it aside, allowing the appeal in favor of the appellants. The decision was based on the established legal position regarding availing cenvat credit on inputs and processed goods in compliance with the relevant rules and precedents.

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