2018 (3) TMI 12 - AT - Central Excise

CENVAT credit - inputs on which credit taken was written off - whether the appellant are required to reverse the credit availed on inputs alleged to have been written off in their books of accounts in accordance with Rule 3(5B) of CCR 2004? - Held that - there is no evidence to the effect that the inputs whose value had been written down had been removed from the factory. Thus, reducing the value of the raw materials keeping in view the accounting principles and income tax benefit, if any, it cannot be construed that the value of the inputs are written off from the books of account and are not usable resulting into invoking of Rule 3(5B) of CCR 2004 - appeal allowed - decided in favor of appellant.

Summary

Issues:
1. Whether the appellant is required to reverse the credit availed on inputs alleged to have been written off in their books of accounts in accordance with Rule 3(5B) of Cenvat Credit Rules 2004.

Analysis:
The appellant filed an appeal against the order-in-appeal passed by the Commissioner (Appeals), seeking relief from a demand notice issued for the recovery of credit amounting to a specific sum. The dispute arose from the allegation that the appellant had availed credit without reversing it as per Rule 3(5B) of the Cenvat Credit Rules, 2004. The appellant contended that they had only written down the value of inputs in their books, not written off, and the inputs were still usable in their factory premises. The appellant's argument was supported by references to relevant judgments and provisions, emphasizing the distinction between 'written down' and 'written off.' The Revenue, represented by the Ld. AR, reiterated the findings of the Commissioner (Appeals).

Upon hearing both sides and examining the records, the Tribunal analyzed Rule 3(5B) of the Cenvat Credit Rules, 2004, which mandates the reversal of credit if inputs are written off fully or partially. The Tribunal noted that the appellant had consistently maintained that they had only reduced the value of raw materials in their books and that the inputs were still available and usable in their factory. There was no evidence of the inputs being removed from the factory. The Tribunal concluded that the reduction in value based on accounting principles and potential income tax benefits did not equate to writing off the inputs, as required by Rule 3(5B). Therefore, the impugned order was set aside, and the appeal was allowed with any consequential relief as per law.

This detailed analysis focused on interpreting the relevant rule, distinguishing between 'written down' and 'written off,' and assessing the factual circumstances to determine the applicability of Rule 3(5B) in the appellant's case. The Tribunal's decision was based on the understanding that the appellant's actions did not meet the criteria for reversing the credit availed on inputs, ultimately leading to the allowance of the appeal.