2016 (8) TMI 1113 - AT - Central Excise

Cenvat credit - duty paid goods cleared on their own invoices received back due to defect/rejection - Cenvat credit took on the returned goods for reprocessing during 14/7/2001 to 31/3/2005 on the strength of their own invoices - procedure laid down under Rule 173H of CER, 1944 read with Rule 16 of CER, 2002 viz., non-maintainance of separate account for returned goods, no proper documents evidencing payment of duty on rejected goods and no permission was taken from the department before bringing such goods into their factory has not been followed. Rule 16 of Central Excise Rules, 2002 provides that on the duty paid goods brought in the factory, the assessee can avail the Cenvat Credit as if there is receipt of input. Rule does not prohibit taking credit on the assessee s own invoices. The appellant s own invoice in present case is duty paid invoice therefore whether the invoice is of appellant s own or issued by person returns the goods back, it is one and the same. It is immaterial who has issued invoice but important is whether invoice is duty paid invoice. Therefore irrespective of fact whether the invoices are of appellant or otherwise if duty paid goods is brought in the factory of the assessee credit can be allowed. As regard the contention of the show cause notice as well as adjudication order that the procedure has not been followed, on going through the aforesaid Rule 16, I find that no procedure is prescribed for taking credit on the returned goods, therefore only requirement is duty paid goods should be brought in the factory and same should be recorded in their books and at the time of re-issue of such repaired/reprocessed goods proper duty has to be paid therefore no procedure such as making application or taking permission is required for compliance of Rule 16. Therefore, in my view Cenvat credit availed on the returned goods is allowable. - Decided in favour of appellant

Summary

Issues:
- Disallowance of Cenvat credit on returned goods
- Interpretation of Rule 16 of Central Excise Rules, 2002

Analysis:
1. Disallowance of Cenvat credit on returned goods:
The appeal was filed against an order disallowing Cenvat credit on returned goods. The appellant had received duty paid goods back due to defects/rejections and claimed Cenvat credit for reprocessing. The adjudicating authority confirmed a demand stating that the appellant did not maintain a separate account for returned goods and lacked proper documents. The Commissioner(Appeals) partially allowed the credit after verifying documents. The appellant argued that all returned goods were cleared with duty payment and credit was taken on their own invoices, following Rule 16 of CER, 2002. The appellant contended that the adjudication order focused on duty paying documents and compliance, beyond the scope of the show cause notice. The Tribunal noted that Rule 16 allows Cenvat credit on duty paid goods brought to the factory, without specifying a procedure for taking credit on returned goods. Thus, the disallowance of credit was deemed impermissible as long as duty paid goods were brought in and recorded, with proper duty payment during re-issue.

2. Interpretation of Rule 16 of Central Excise Rules, 2002:
The Tribunal analyzed Rule 16, emphasizing that it permits Cenvat credit on duty paid goods brought to the factory for reprocessing. The rule does not restrict credit based on whether the invoices are from the appellant or the returning party, as long as they are duty paid invoices. The Tribunal clarified that the crucial factor is the duty payment status of the invoice, not its issuer. As no specific procedure is outlined for taking credit on returned goods under Rule 16, the Tribunal concluded that compliance only requires bringing duty paid goods to the factory and recording the same. The necessity for proper duty payment during re-issuance was highlighted. Ultimately, the Tribunal modified the impugned order, allowing the appellant's appeal based on the interpretation and application of Rule 16.

In conclusion, the Tribunal ruled in favor of the appellant, permitting Cenvat credit on returned duty paid goods by interpreting Rule 16 of the Central Excise Rules, 2002. The judgment emphasized the importance of duty payment status over the issuer of the invoice, and the lack of a specified procedure for availing credit on returned goods. The decision highlighted the need for proper duty payment during re-issuance of reprocessed goods, ultimately allowing the appeal and modifying the initial order.