2017 (1) TMI 356 - AT - Central Excise

CENVAT credit - area based exemption - N/N. 50/2003-C.E., dated 10-6-2003 - whether the assessee has availed the benefit of Notification No. 50/03-C.E. ibid (area based exemption) is required to reverse the credit on the inputs already availed or not? - Held that - at the time of availing the credit on inputs, the final product was dutiable, therefore, as per Rule 3 of Cenvat Credit Rules, 2004, the respondents have correctly availed the credit on inputs. Later on the respondents have opted to avail the benefit of exemption under N/N. 50/03-C.E., the respondents are not required to reverse the credit already availed by them - appeal dismissed - decided in favor of respondent-assessee.

Summary

Issues:
Whether the assessee availing the benefit of Notification No. 50/03-C.E. (area-based exemption) is required to reverse the credit on the inputs already availed or not.

Analysis:
The case involved multiple appeals by the Revenue against orders where the Commissioner (Appeals) held that the respondents correctly took credit. The respondents, located in Himachal Pradesh, initially procured duty-paid inputs, availed credit, and cleared final products on duty payment. Subsequently, they opted for the benefit of Notification No. 50/2003-C.E., clearing goods without duty payment. The adjudicating authority directed them to reverse the credit due to availing the exemption. However, the Commissioner (Appeals) ruled that as the final product was dutiable when inputs were procured, the credit was rightfully taken. The Revenue challenged this decision.

Upon examination, it was observed that when the credit on inputs was availed, the final product was dutiable, in accordance with Rule 3 of Cenvat Credit Rules, 2004. Subsequently opting for the exemption did not necessitate the reversal of already availed credit. Therefore, the Tribunal found no fault in the orders and upheld them, dismissing the Revenue's appeals. The judgment clarified that the respondents were not obligated to reverse the credit as they correctly availed it while the final product was dutiable, despite later opting for the exemption.

This detailed analysis highlights the key points of the judgment, focusing on the issue of whether the assessee was required to reverse the credit on inputs after opting for an area-based exemption under Notification No. 50/03-C.E. The Tribunal's decision rested on the timing of credit availing concerning the dutiability of the final product, providing a clear legal interpretation of the Cenvat Credit Rules in this context.