2016 (11) TMI 51 - AT - Central Excise

Reversal of cenvat credit - recovery of 10% value of goods - Iron Ore Fines and Coal Fines - Rule 6(3)(b) of Cenvat Credit Rules, 2004 - Whether the said Fines (Iron Ore/Coal) are manufactured excisable product by the appellant? - Held that - reliance placed on the decision of Hindustan Zinc Ltd. 2014 (5) TMI 253 - SUPREME COURT where it was held that Rule 6 of CCR is not attracted if a by product emerging in the process of manufacture of final product is cleared without payment of duty. The present case is not related to levy of duty on Iron Ore Fines and Coal Fines under Section 3, but relates to removal of exempted goods. We find such assertion very strange to say the least. When the goods are not passing the test of duty levy then the question applying the provisions of Rule 6 of Cenvat Credit Rules does not arise. Demand of duty not justified - appeal allowed - decided in favor of appellant.

Summary

Issues: Applicability of Rule 6(3)(b) of Cenvat Credit Rules, 2004 on the clearance of Iron Ore Fines and Coal Fines by the manufacturer.

Analysis:
1. The appeal challenged the order of the Commissioner of Central Excise, Raipur, demanding 10% of the value of Iron Ore Fines and Coal Fines cleared by the appellants, treating them as exempted goods under Rule 6(3)(b) of Cenvat Credit Rules, 2004. The appellants, engaged in the manufacture of Sponge Iron, were availing cenvat credit on inputs, capital goods, and input services. The Original Authority confirmed the demand and imposed a penalty, leading to the appeal.

2. The dispute revolved around the applicability of Rule 6(3)(b) to the case. The appellants argued that the Iron Ore Fines and Coal Fines were not excisable products but emerged during the manufacturing process of Sponge Iron. Citing a Tribunal decision and a Supreme Court ruling, it was established that the emergence of such fines did not constitute manufacturing activity, and clearing them without duty payment did not trigger the 10% payment under Rule 6.

3. The Tribunal highlighted the failure of the Original Authority to address the legal exemption under which the Iron Ore/Coal Fines were cleared without duty payment. It was noted that the assumption of 'manufacture' and 'exemption' by the revenue without specifying the legal basis was flawed. The Tribunal rejected the Revenue's assertion that the case was about the removal of exempted goods rather than duty liability, emphasizing that if goods were not subject to duty, Rule 6 provisions did not apply.

4. Based on the factual analysis and legal precedents, including the Tribunal's earlier decisions and the Supreme Court's ruling, the Tribunal concluded that the impugned order could not be upheld. The appeal was allowed, and the cross objection was disposed of, with reference to the legal principles established in previous judgments.

This detailed analysis of the judgment provides a comprehensive understanding of the issues involved and the Tribunal's reasoning in arriving at its decision regarding the applicability of Rule 6(3)(b) of the Cenvat Credit Rules, 2004.