2017 (3) TMI 506 - AT - Central Excise

CENVAT credit - input service used for disposal of the press mud, a by-product, which was generated during the course of manufacture of sugar - denial of credit on such inputs service on the ground that it is used for manufacture of exempted goods - Held that - the issue is no more res integra and the same is squarely covered by the respondent s own case Commissioner of Central Excise, Kolhapur Versus M/s. Shree Chh Shahu Ssk Ltd. 2015 (2) TMI 265 - CESTAT MUMBAI , where it has been held that manpower also consumed for the purpose of handling waste and compost etc. is an essential part of manufacture of the product being excisable goods, etc. and accordingly, the same is fully allowable - credit allowed - appeal dismissed - decided against Revenue.

Summary

Issues:
Cenvat Credit on inputs service for disposal of press mud used in the manufacture of exempted goods.

Analysis:
The case involved a dispute regarding the admissibility of Cenvat Credit on inputs service used for the disposal of press mud generated during the manufacturing of sugar, which was considered an exempted product. The department denied the credit on the grounds that the inputs were exclusively used for handling waste, which is cleared without payment of duty. The appellant appealed the decision of the Commissioner (Appeals) who had allowed the credit. The main contention was whether the inputs service could be considered as used for the manufacture of the exempted goods, thereby making the Cenvat Credit inadmissible.

The Tribunal referred to previous decisions in the respondent's own case where similar issues were addressed. In one case, the Tribunal had allowed the credit on inputs service used for handling waste attracting nil rate of duty. The Tribunal cited a ruling of the Madras High Court which emphasized that once the inputs were used in the initial stage of manufacturing and resulted in final products and wastes, their usage could not be traced beyond the first degree. The Tribunal highlighted that the waste products, such as press mud and spent wash, were exempted from duty and were combined to form another final product, bio-compost, which did not involve the further use of the initial inputs. Therefore, the demand made by the Revenue was deemed unsustainable.

Furthermore, the Tribunal discussed a separate case where the issue of availing Cenvat Credit on service tax paid on outward transportation of exempted goods, such as press mud, was considered. The Tribunal ruled that the appellant was eligible to avail the service tax credit as it had been allowed in a previous case involving similar circumstances. The Tribunal concluded that the denial of service tax credit to the appellant was incorrect based on the precedent set in the earlier case.

In light of the above decisions and precedents, the Tribunal upheld the order of the Commissioner (Appeals) and dismissed the Revenue's appeal. The Tribunal found that the credit availed by the respondent was in order, and both authorities had correctly allowed the credit. Therefore, the impugned order was upheld, and the Revenue's appeal was dismissed.