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2017 (3) TMI 463 - HC - Central ExciseCENVAT credit - extended period of limitation - while the Tribunal had remanded the matter to the Commissioner (Appeals) on the issue of applicability of extended period of limitation, the Tribunal has decided the issue against the appellant on reversal of CCR 2004, amounting to ₹ 25,78,578/- - Whether the Hon ble Tribunal is justified in allowing the appeal of the department on merits without considering the contentions of the appellants urged in support of their case? Held that - The Tribunal appears to have taken the view that inasmuch as the manufactured goods had not returned to the factory within 180 days, therefore, the assessee was not entitled to the benefit of Rule 4 (5) (a) of the CCR, 2004. However, no discussion or finding has been returned in respect of the application claimed to have been filed by the assessee for addition of the premises. The fact of such application having been filed is also not denied in the present proceedings - in view of the fact that the Tribunal has remanded the matter on the issue of extended period of limitation, we deem it proper that the Commissioner (Appeals) while deciding the issue of limitation on remand may also decide the issue raised by the assessee in respect of the application of Rule 4 (5) (a) of the Cenvat Credit Rules, 2004 amounting to ₹ 25,78,578/- - appeal allowed by way of remand.
Issues Involved:
1. Applicability of extended period of limitation. 2. Reversal of Cenvat Credit Rules 2004 amounting to ?25,78,578. 3. Justification of Tribunal's decision on the grounds of merit. 4. Consideration of appellant's contentions by the Tribunal. 5. Partial remand of the case to the Commissioner (Appeals). Analysis: 1. The appellant contested the denial of Cenvat Credit under Rule 4(5)(a) of the Cenvat Credit Rules, 2004, amounting to ?25,78,578. The Commissioner (Appeals) allowed the credit, stating that the capital goods were used in the manufacturing process at an additional premises of the appellant. The Tribunal reversed this decision, citing non-return of goods within 180 days. However, the Tribunal failed to address the appellant's application for addition of premises, creating ambiguity in the decision-making process. 2. The Tribunal's decision to disallow the Cenvat Credit without thorough consideration of all aspects of the case raises questions regarding the justification of the decision on merit. The Tribunal focused on the non-return of goods within the stipulated period, overlooking the appellant's arguments regarding the utilization of capital goods in the manufacturing process at a separate premises. The lack of detailed discussion on the application for addition of premises further complicates the issue. 3. The appellant raised concerns about the Tribunal's justification in allowing the department's appeal on merit without adequately considering the appellant's contentions. The Tribunal's decision seemed to prioritize the non-return of goods over the appellant's compliance with Rule 4(5)(a) of the Cenvat Credit Rules, 2004. The Tribunal's failure to address the specific findings and observations made by the Commissioner (Appeals) adds to the ambiguity in the decision-making process. 4. The Tribunal's partial remand of the case to the Commissioner (Appeals) raises questions about the completeness of the review process. While the Tribunal focused on the issue of extended period of limitation, it failed to provide a comprehensive analysis of the appellant's arguments regarding the application of Rule 4(5)(a) of the Cenvat Credit Rules, 2004. The remand should have included a thorough examination of all relevant aspects of the case to ensure a fair and just decision. 5. In conclusion, the High Court directed the Commissioner (Appeals) to re-examine the appeal within three months, considering both the issue of limitation and the applicability of Rule 4(5)(a) of the Cenvat Credit Rules, 2004. The Court emphasized the need for a comprehensive review of the case to address the concerns raised by the appellant and ensure a fair and just resolution.
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