2018 (1) TMI 1200 - AT - Central Excise

CENVAT credit - inputs removed to sister units - The department was of the view that when the inputs are cleared to their sister units, the appellants are also liable to reverse the service tax paid on input services - Held that - such removal of inputs from one factory to the sister unit under the excise law by reversing the credit cannot be considered as a trading activity requiring the appellant to reverse the CENVAT credit availed on input services - demand cannot be sustained - appeal allowed - decided in favor of appellant.

Summary

Issues:
1. Reversal of CENVAT credit on input services and inputs removed to sister units.
2. Allegation of trading activity leading to reversal of service tax paid on input services.
3. Legal basis for reversing CENVAT credit on input services.

Analysis:
1. The case involved the appellants, engaged in manufacturing ring travellers, availing CENVAT credit on input services and inputs for manufacturing final products, including exempted ones. Upon removing inputs to sister units, appellants reversed the excise duty CENVAT credit. The department alleged the need to reverse service tax CENVAT credit on input services for the same period, issuing a show cause notice for recovery, interest, and penalties.

2. The appellant argued that the reversal of credit on inputs removed to sister units was in compliance with Rule 3(5) of the CENVAT Credit Rules, not constituting a trading activity. The department contended that such removal implied trading, necessitating expunging the credit on input services. The appellant maintained that the direction to expunge credit lacked legal basis and was unjustified.

3. The Tribunal noted that the appellant had indeed reversed credit upon removing inputs, with the department deeming it a trading activity and directing credit expungement. However, the Tribunal found such removal under excise law did not equate to trading, hence rejecting the need to reverse CENVAT credit on input services. Consequently, the Tribunal set aside the impugned order, allowing the appeal with any consequential relief.

This judgment clarifies the distinction between removal of inputs to sister units under excise law and trading activities, emphasizing the legal basis for reversing CENVAT credit on input services. The Tribunal's decision provides guidance on compliance with CENVAT Credit Rules in similar scenarios, ensuring adherence to legal provisions and preventing unjustified credit expungement.