2018 (2) TMI 531 - AT - Central Excise

CENVAT credit of additional duties of customs - denial on the ground that the appellant is not the importer of the goods - Held that - On a perusal of the delivery note it is seen that the goods manufactured by the appellant are bought by the importer on record. The daily stock account contains the details of such receipts and disposals - The appellant is a loan-licensee of the importer and manufactures goods for and on behalf of the importer. Rule 3 of CENVAT Credit Rules 2004 permit availment of CENVAT credit on goods that are utilized in manufacture of dutiable goods. Credit allowed - appeal allowed - decided in favor of appellant.

Summary

Issues:
1. Appeal against order-in-appeal upholding demand and penalty under Central Excise Act, 1944.
2. Dispute over availment of CENVAT credit on additional duties of customs.
3. Appellant's status as importer of goods for claiming credit.
4. Interpretation of CENVAT Credit Rules, 2004 regarding availment of credit.

Analysis:
The appellant, M/s Esters and Solvents LLP, challenged the order-in-appeal by the Commissioner of Central Excise (Appeals), Mumbai-II, which upheld a demand of `25,11,514 and a penalty of a like amount under section 11AC of the Central Excise Act, 1944. The dispute arose from objections regarding the appellant's availment of CENVAT credit on additional duties of customs discharged by another entity, M/s Indofil Industries Ltd, who supplied imported goods to the appellant for manufacturing purposes.

The jurisdictional authorities contended that since the appellant was not the importer of the goods, they were ineligible to claim the credit of additional duties discharged. The delivery note indicated that the goods manufactured by the appellant were purchased by the importer on record, and the daily stock account corroborated these transactions. The appellant, being a loan-licensee of the importer, manufactured goods on behalf of the importer.

The CENVAT Credit Rules, 2004, specifically Rule 3, allowed the availment of credit on goods utilized in the manufacture of dutiable goods, which was the case with the impugned goods. Rule 9 of the same Rules prescribed the documents required for claiming credit, including bills of entry for additional duties. The tribunal found that the denial of CENVAT credit to the appellant was not justified given the circumstances and the provisions of the CENVAT Credit Rules, 2004.

Therefore, the tribunal set aside the impugned order and allowed the appeal, ruling in favor of M/s Esters and Solvents LLP. The judgment emphasized the appellant's eligibility to claim CENVAT credit as a loan-licensee manufacturing goods for the importer, in compliance with the relevant rules and regulations.