2016 (11) TMI 1285 - AT - Central Excise

CENVAT credit - job-work - capital goods - CENVAT credit on depreciation on the duty part of the value of capital goods - Held that - The provision of Rule 4(4) of Cenvat Credit Rules, 2004 does not bar the assessee form taking cenvat credit on capital goods in the subsequent year after availing benefit of depreciation under IT Act in the year of receipt of capital gods. The respondent has earned credit of ₹ 17,07,038/- in the year of receipt of capital goods. He would be eligible for credit of 50% in the same year and the balance 50% can be availed in the subsequent year. In that case, the contention of department that the respondent can avail only 50% of the balance of ₹ 12,32,337/- in the subsequent year, lacks legal basis - CENVAT credit allowed - decided in favor of respondent-assessee.

Summary

Issues:
Interpretation of Rule 4(4) of Cenvat Credit Rules, 2004 regarding availing cenvat credit on capital goods after claiming depreciation under the Income Tax Act, 1961.

Detailed Analysis:

Issue 1: Interpretation of Rule 4(4) of Cenvat Credit Rules, 2004
The case involved a dispute regarding the eligibility of the respondent to avail cenvat credit on capital goods after claiming depreciation under the Income Tax Act, 1961. The department contended that once depreciation on the duty part of the value is claimed under the Income Tax Act, cenvat credit on the same capital goods shall not be allowed. A show cause notice was issued to recover the cenvat credit availed by the respondent along with interest and penalty. The adjudicating authority confirmed the demand, but the Commissioner (Appeals) set aside the order, leading to the present appeal.

Issue 2: Arguments Presented
The department argued that the respondent should not have availed cenvat credit on capital goods in the subsequent year after claiming depreciation under the Income Tax Act. They emphasized that the respondent would only be eligible for 50% of the balance amount in the subsequent year. On the other hand, the respondent's counsel contended that Rule 4(4) does not prohibit availing cenvat credit on the balance amount after claiming depreciation. The provision allows an option to the assessee and is intended to prevent double benefits, not to restrict cenvat credit in the subsequent year.

Issue 3: Analysis of Rule 4(4) of Cenvat Credit Rules, 2004
Rule 4(4) of the Cenvat Credit Rules, 2004 sets conditions for allowing cenvat credit on capital goods. The rule specifies that cenvat credit shall not be allowed on the part of the value of capital goods for which depreciation is claimed under the Income Tax Act, 1961. However, it does not expressly prohibit availing cenvat credit in the subsequent year for the balance amount. The rule provides for taking the balance of cenvat credit in any financial year after the year of receipt of capital goods, as long as the capital goods are in possession of the manufacturer.

Conclusion
After considering the arguments and Rule 4(4) of the Cenvat Credit Rules, 2004, the appellate tribunal found no error in the Commissioner (Appeals) order. The tribunal dismissed the appeal filed by the department, stating that the respondent was eligible to avail the balance credit of the capital goods in the subsequent year. The judgment clarified that the respondent's action was in accordance with the law, and there was no legal basis for the department's contention.