2009 (3) TMI 148 - AT - Central Excise

Cenvat Credit Knitted garments export exemption from duty availing cenvat credit notification no. 15/2002 - held that - the department should have denied the exemption rather than demanding the Cenvat credit. - confirmation of demand for Cenvat credit cannot be sustained on the ground that the department should have actually denied the exemption rather than demanding the Cenvat credit - Once the goods are exported under bond even if they were not entitled to Cenvat credit, the duty paid on the inputs could have been claimed as a refund, therefore, whole exercise is Revenue neutral and availment of Cenvat credil can at best be held as procedural irregularity

Summary

Issues:
Whether the appellant could have availed Cenvat credit in respect of exports alone, claimed the refund thereof, and cleared the goods to the domestic market without availing Cenvat credit on the inputs, thereby availing full duty exemption in respect of domestic clearances.

Analysis:
The appeal involved composite textile mills manufacturing Cotton Yarn, Cotton Fabrics, Knitted Fabrics, and Garments, availing Cenvat credit under the Cenvat Credit Rules, 2002. The issue was the denial of Cenvat credit on knitted garments exported under bond, cleared with nil duty under Notification No. 15/2002. The appellant argued they could have taken Cenvat credit, exported goods under bond, and cleared domestic goods without Cenvat credit, fulfilling the Notification condition. They also contended that Rule 6 allowed exporting goods under bond and claiming Cenvat credit refund. The appellant's position was that since they manufactured garments from purchased yarn, not knitted fabrics, Condition No. 4 did not apply to them. They further claimed the option to pay duty consignment-wise before 27-4-2002.

The Tribunal considered whether the appellant could avail Cenvat credit for exports, claim a refund, and clear domestic goods duty-free without Cenvat credit. The Tribunal analyzed Condition No. 4 of Notification No. 15/2002, which exempts articles made from knitted fabrics if no Cenvat credit is taken. The Tribunal disagreed with the department's approach of demanding Cenvat credit taken instead of denying the exemption on finished products. Citing legal precedents, the Tribunal supported the appellant's position, emphasizing that the department should have denied the exemption if credit was taken. The Tribunal found the appellant's arguments, supported by relevant case law, to be directly relevant to the case, leading to the allowance of the appeal.

The Tribunal also discussed the appellant's entitlement to export goods under bond, even if Cenvat credit was availed, citing a relevant Bombay High Court judgment. The Tribunal noted that claiming duty refund on inputs for exported goods made the process revenue-neutral, considering Cenvat credit availed as a procedural irregularity. While acknowledging the appellant's argument regarding consignment-wise exemption before 27-4-2002, the Tribunal found it of academic interest. Ultimately, the Tribunal allowed the appeal, providing consequential relief to the appellant, based on the discussions and legal interpretations presented.