2017 (3) TMI 236 - AT - Central Excise

Refund claim - CENVAT credit reversed in respect of inputs contained in wool waste cleared at nil rate of duty - Held that - reliance was placed in the case of RALLIS INDIA LTD. Versus UNION OF INDIA 2008 (12) TMI 46 - HIGH COURT BOMBAY , where on similar issue it was decided that mother liquor arising in the manufacture of dutiable gelatin, is not an exempted final product and, therefore, the petitioner was not liable to reverse any credit of duty availed on inputs or alternatively pay the presumptive amount under Rule 57CC - appeal allowed - decided in favor of appellant.

Summary

Issues:
Appeal against Order-in-Appeal - Cenvat credit refund claim allowed by Assistant Commissioner but disallowed by Commissioner (Appeals) based on Larger Bench decision. Interpretation of Rule 57D and Rule 57CC in relation to waste, scrap, and by-products arising in the manufacturing process.

Analysis:
The appellants appealed against the Order-in-Appeal disallowing their refund claim for clearing wool waste at a nil rate of duty. The Commissioner (Appeals) based the decision on the Larger Bench's ruling in Rallis India Ltd. vs. CCE, which was later set aside by the Hon'ble High Court of Bombay in Rallis India Ltd. vs. U.O.I. The Ld. A.R. for the Revenue acknowledged this and referred to the Supreme Court's decision in U.O.I. vs. Hindustan Zinc Ltd., emphasizing that the issue was no longer res integra.

The Ld. A.R. pointed out that the Commissioner (Appeals) decision was solely based on the now-overruled Larger Bench decision. The Bombay High Court's ruling clarified that Rule 57D allows full credit of duty paid on inputs used in the manufacture of dutiable final products, even if waste, refuse, or by-products arise, unless they are exempted final products governed by Rule 57CC. The Supreme Court further elaborated on the interplay between Rules 57A, 57B, 57D, and 57CC, emphasizing the commercial reality in trade and distinguishing between final products and by-products.

Based on the Supreme Court's detailed analysis and interpretation of the relevant rules, the Tribunal set aside the Ld. Commissioner (Appeals)'s order and allowed the appeal filed by the appellants. The judgment highlighted the importance of understanding the commercial context and legislative intent behind the rules governing Cenvat credit in cases involving waste, scrap, and by-products arising in manufacturing processes.