2018 (3) TMI 481 - AT - Central Excise

CENVAT credit - denial on the ground that there was no manufacture - Held that - Revenue is unable to establish any case for ineligibility to avail of CENVAT Credit - Once duty has been collected on the clearance of all the imported items whether as such or after some processing, are deemed to have been manufactured - appeal dismissed - decided against Revenue.

Summary

Issues: Alleged availment of additional duty as ineligible CENVAT credit, repacking as manufacturing, duty liability on traded goods, eligibility for CENVAT credit, reversal compliance under Cenvat Credit Rules, restoration of order-in-original, duty demand on imported items, liability under Central Excise Act.

In this judgment by the Appellate Tribunal CESTAT Mumbai, the dispute revolved around the alleged availment of additional duty as ineligible CENVAT credit on items like printers, parts of printing machines, ribbon thermal, print head, and sleeves. The original authority contended that these items were not inputs for the final product but traded as such. The appellant argued that repacking the goods amounted to manufacturing, making them eligible for CENVAT credit. The first appellate authority did not delve into this claim, focusing instead on the utilization of CENVAT credit for duty payment compliance under rule 3(5) of Cenvat Credit Rules, 2004.

The Revenue's contention was to restore the order-in-original based on its clear findings. The Tribunal examined the records and found that a significant portion of the duty demand related to additional duty on 'sleeves' imported in jumbo form, which required cutting and packing as per customer requirements. It was established that printers, parts of printing machines, and print head, once duty was paid on clearance, were deemed to have been manufactured. The Tribunal emphasized that once duty under the Central Excise Act, 1944, was accepted as due, tax authorities could not take a contrary stand to the detriment of the assessee.

Ultimately, the Tribunal dismissed the Revenue's appeal, stating that there was no merit in their arguments. The judgment highlighted the importance of duty payment on imported items, the concept of manufacturing through repacking, and the eligibility for CENVAT credit under the Central Excise Act. The decision provided clarity on the interpretation and application of CENVAT credit rules in the context of duty payments and manufacturing processes.