2018 (3) TMI 323 - AT - Central Excise

CENVAT credit - allegation against the appellant is that they failed to reverse the credit of duty on the inputs used in the trial production for which the demand SCN issued - Held that - The reality of manufacture makes trial run a necessity and there is no provision for deniability of credit of inputs used for production process in CENVAT Credit Rules, 2004. The dutiability, or otherwise, of the waste product does not, in any way, attract restrictions on availment of CENVAT credit of the inputs used therein. The recovery of cost of inputs from the foreign customers through debit notes does not alter the eligibility to take credit of tax paid on tax liability that has been duly discharged. The disallowance of CENVAT credit in the impugned order is without any basis in law - appeal allowed - decided in favor of appellant.

Summary

Issues:
1. Failure to reverse the credit of duty on inputs used in trial production.
2. Denial of CENVAT credit for trial run production.
3. Disallowance of credit due to lack of evidence of waste discharge.
4. Applicability of CENVAT credit rules in trial production.

Analysis:
1. The appellant, a manufacturer of aseptic packing, used imported raw materials for final products and took CENVAT credit of additional duty. The allegation was failure to reverse the credit on inputs used in trial production, leading to demand notice confirmed by authorities.

2. The impugned order denied CENVAT credit for trial run production, stating no evidence was produced to establish utilization of inputs for excisable goods. The appellant argued trial run is a necessary stage before production, citing precedents supporting eligibility for credit.

3. One reason for denial of credit was lack of evidence of waste discharge during trial production. The appellant contended that the duty liability on waste products does not affect the credit eligibility of inputs used in the manufacturing process under CENVAT Credit Rules, 2004.

4. The Tribunal held that the denial of CENVAT credit lacked legal basis, emphasizing that trial runs are essential in manufacturing and do not impact credit availability. The recovery of input costs from foreign customers through debit notes does not affect the eligibility for credit on duly discharged tax liability.

5. Consequently, the appeal was allowed, setting aside the disallowance of CENVAT credit in the impugned order. The judgment highlighted the necessity of trial runs in manufacturing processes and affirmed the eligibility of CENVAT credit for inputs used, irrespective of waste product dutiability.