2016 (11) TMI 187 - AT - Central Excise

Reversal of CENVAT credit at the time of clearance of capital goods on which Cenvat credit has been taken - the capital goods were cleared after using the same in the factory for as much as three years and duty stands paid on the transaction value - Held that - w.e.f. 13/11/07, the Cenvat Credit Rules has been amended to provide for reversal of Cenvat credit after reduction by 2.5% per quarter, however, these provisions are not applicable for the period prior to the amendment. Prior to the amendment to the relevant rules w.e.f. 13/11/07, Cenvat credit availed at the time of purchase of the capital goods is not required to be reversed when cleared after use - appeal allowed - decided in favor of appellant.

Summary

Issues:
- Reversal of Cenvat credit on capital goods cleared after use
- Applicability of Cenvat Rules pre and post-amendment

Analysis:

The appeal was filed against an order passed by the Commissioner (Appeals), Indore, regarding the reversal of Cenvat credit on capital goods cleared after use. The appellant had procured capital goods, availed Cenvat credit, put the machine in use, and later decided to dispose of it due to exorbitant repair costs. The Revenue contended that Cenvat credit needed to be reversed at the time of clearance, which the appellant failed to do, resulting in a demand of ?9,60,000. The Original Authority and Commissioner (Appeals) upheld this demand, leading to the present appeal.

The appellant argued that as the capital goods were used in the factory for over three years before clearance, the credit availed at the time of purchase should not be reversed. They cited case laws to support their stance, emphasizing that pre-amendment to Cenvat Rules, credit availed did not need to be reversed when goods were cleared after use. The Revenue, however, supported the authorities' views and referred to a case supporting the reversal of credit upon clearance.

The Tribunal noted that the relevant rules were amended post the appellant's procurement of capital goods, specifying a 2.5% reduction per quarter for credit reversal upon clearance. However, this amendment did not apply retroactively. Citing case laws and decisions by the Hon'ble Punjab & Haryana High Court and the Hon'ble Bombay High Court, it was established that pre-amendment, there was no requirement to reverse Cenvat credit on goods cleared after use. The Tribunal also considered a Larger Bench decision but found that it only applied when machines were cleared as such, not after use. Consequently, the Tribunal ruled in favor of the appellant, setting aside the impugned order and allowing the appeal.