2007 (10) TMI 159 - AT - Central Excise

Balance amount of credit would have lapsed on surrendering the excise registration certificate on date of opting for the Exemption Not. 30/04 & wouldn t have been available for utilization, hence the end result is same no question arise of reversing the entire amount of duty lying in balance

Summary

Issues: Interpretation of Notification 30/04 and Cenvat credit utilization.

Analysis:
The judgment revolves around the interpretation of Notification 30/04 and the utilization of Cenvat credit. The Revenue appealed against the Commissioner (Appeals) decision, arguing that the assessee did not reverse the entire duty amount before availing the benefits of Notification 30/04. The Revenue contended that the assessee was at fault for not complying with the notification's requirement to not utilize Cenvat credit on the inputs in stock. On the other hand, the assessee's advocate argued that the balance duty amount in their account exceeded the required reversal amount. The Commissioner (Appeals) analyzed the situation comprehensively, emphasizing that the purpose of the Cenvat Credit Rules is to prevent the utilization of inadmissible credit. The Commissioner concluded that once the assessee surrendered their registration certificate, the Cenvat credit effectively lapsed, and the balance amount was as good as debited. Therefore, the balance Cenvat credit would have lapsed upon surrendering the registration certificate, rendering the debiting exercise merely academic. The Commissioner highlighted that there was no revenue loss to the department as the unutilized Cenvat credit remained in the account balance, effectively under the department's control. Consequently, the demand, interest, and penalty were deemed unsustainable and set aside.

The judgment underscores the significance of surrendering the Central Excise registration, which eliminates the possibility of utilizing the remaining Cenvat credit balance. The Commissioner (Appeals) correctly applied this principle, leading to the rejection of the Revenue's appeal. The judgment affirms that once the registration is surrendered, the question of utilizing the remaining credit balance does not arise. The conclusion reached by the Commissioner (Appeals) was deemed appropriate based on the factual circumstances of the case. The judgment emphasizes that the debiting of the Cenvat credit account was inconsequential as the balance remained inaccessible to the assessee and effectively under the department's control. Consequently, the decision to reject the Revenue's appeal was upheld, affirming the correctness of the Commissioner (Appeals) findings.