2018 (3) TMI 443 - AT - Central Excise

CENVAT credit - it was alleged that assessee has not reversed the credit when the capital goods / inputs were transferred from API unit to the Formulation Unit - violation of Rule 3(5) of CCR - Held that - taking into consideration, the subsequent event that both the units have merged into one single unit, the remanding the matter for reconsideration by the authorities below would be a futile exercise - the whole situation is revenue neutral one - appeal allowed - decided in favor of appellant.

Summary

Issues:
Violation of Rule 3(5) of CENVAT Credit Rules regarding transfer of capital goods/inputs from API unit to Formulation Unit, Applicability of Rule 10 in case of bifurcation of a single unit into two separate units.

Analysis:
1. The case involved the appellants, registered with the Central Excise Department for manufacturing Active Pharmaceutical Ingredients (API) and Formulations, who bifurcated their manufacturing activities into API Unit and Formulation Unit in January 2008. The department alleged that since the Formulation Unit obtained separate registration, it constituted removal of capital goods to that unit, necessitating reversal of CENVAT credit. The original authority ordered the proportionate assignment of credit balance to capital goods/inputs transferred to the Formulation Unit, leading to demands on credit availed. The assessee challenged this order through appeals.

2. The assessee contended that there was no physical removal of capital goods between units, and the demand raised was disproportionate to the actual situation. The counsel argued that the merger of both units during the proceedings rendered the exercise revenue neutral without any loss to the revenue. On the other hand, the department argued that Rule 10 applied only to factory shifts or ownership changes, not bifurcation scenarios, and insisted on the reversal of credit for capital goods used in the Formulation Unit.

3. The Tribunal noted that no actual transfer of capital goods occurred, as the appellants merely bifurcated the single unit into two. The Commissioner (Appeals) did not quantify the demand but mentioned Rule 10 for proportionate credit allocation. However, considering the subsequent merger of units and the revenue-neutral nature of the situation, the Tribunal found the original order unsustainable. The Tribunal allowed the appeal by the assessee, dismissing the department's appeal, as remanding the matter for further consideration would be futile given the circumstances.

4. In conclusion, the Tribunal acknowledged the absence of physical transfer of capital goods between units, emphasizing the revenue-neutral aspect of the situation due to the merger of units. The decision to allow the assessee's appeal and dismiss the department's appeal was based on the finding that the alleged violation of Rule 3(5) of CENVAT Credit Rules lacked a factual basis, given the absence of actual transfer and the subsequent merger, rendering the exercise moot and maintaining the revenue neutrality.