2017 (9) TMI 694 - AT - Central Excise

CENVAT credit - SFIS certificate - N/N. 34/2006-CE dated 14.06.2006 - case of the Department is that since the goods were cleared under N/N. 34/2006-CE without payment of duty they are liable to pay 10% of the value of the goods as exempted goods in terms of Rule 6 of CCR 2004 - Held that - there is no dispute on the fact that the respondent has cleared the goods under N/N. 34/2006-CE which was issued under SFIS Scheme. According to which the manufacturer is allowed to clear the goods without payment of duty and the duty payable on such goods is debited from the SFIS Scrip by the recipient of the goods - it cannot be said that the goods cleared by the respondent is exempted - Rule 6(3)(b) of Cenvat Credit Rules 2004 is not applicable - appeal dismissed - decided against Revenue.

Summary

Issues:
Interpretation of Notification 34/2006-CE regarding payment of duty, applicability of Rule 6 of Cenvat Credit Rules, 2004, exemption status of goods supplied, reliance on judicial precedents.

Analysis:
The case involved a dispute where the respondent supplied goods without payment of duty under Notification 34/2006-CE, with the duty debited by the buyer in their SFIS certificate. The Department claimed that the goods were liable for 10% payment under Rule 6 of Cenvat Credit Rules, 2004. The Commissioner (Appeals) allowed the appeal based on the Foreign Trade Policy, stating that the duty was paid through the SFIS credit scrip. The Revenue appealed, arguing that there was no exemption under Notification 34/2006 and cited relevant judgments.

The Revenue contended that Rule 6 required payment for exempted goods, citing judicial precedents like Mohan Breweries & Distilleries Ltd. and Essar Steel Ltd. On the other hand, the respondent argued that since the duty was paid through the SFIS credit scrip, Rule 6 did not apply, referencing the decision in CCE v. Voltamp Transformers Ltd. The Tribunal analyzed the submissions and found that the goods were cleared under Notification 34/2006-CE, allowing duty payment through SFIS, thus not qualifying as exempted goods.

The Tribunal referenced the Foreign Trade Policy provisions and the Gujarat High Court's decision in Voltamp Transformers Ltd., emphasizing that the duty debited from the SFIS certificate constituted discharge of duty liability, not exemption. This interpretation led to the conclusion that Rule 6(3)(b) of Cenvat Credit Rules 2004 did not apply to the case, distinguishing it from the judgments cited by the Revenue. Consequently, the impugned order was upheld, and the Revenue's appeal was dismissed.

In summary, the judgment clarified the non-exempt status of goods supplied under Notification 34/2006-CE when duty payment was made through SFIS credit scrip, thereby determining the inapplicability of Rule 6 of Cenvat Credit Rules, 2004. The decision relied on the interpretation of relevant legal provisions and judicial precedents to resolve the dispute effectively.