2018 (3) TMI 824 - AT - Central Excise

CENVAT credit - molasses which has been used for manufacturing of rectify spirit which was ultimately used for manufacture of Indian Made Foreign Liquor (IMFL) - classification declaration under Rule 173-B of the Central Excise Rule, 1944 - Held that - the reference made to the Hon ble High Court of Allahabad has already been decided by the Hon ble High Court vide order dated 08.02.2017 wherein the Reference No. 02/2001 filed by the Revenue has been dismissed - appeal dismissed - decided against Revenue.

Summary

Issues:
- Appeal against the order of the learned Commissioner (Appeals) based on reliance on a previous Tribunal decision.
- Classification declaration under Rule 173-B of the Central Excise Rule, 1944 and the correctness of remarks made.
- Availment of Cenvat Credit on molasses used for manufacturing rectify spirit for Indian Made Foreign Liquor (IMFL).

Analysis:
The appeal was filed by the Revenue against the order of the learned Commissioner (Appeals) contending that the issue was decided in favor of the respondent based on a previous Tribunal decision. The Revenue argued that the decision of the learned Commissioner (Appeals) should be set aside as it was based on a reference pending before the Hon'ble High Court of Allahabad. The Revenue claimed that the remarks made in the classification declaration were incorrect, leading to a show cause notice being issued to the respondent regarding the availment of Cenvat Credit on molasses used in the manufacturing process. The Adjudicating Authority dropped the show cause notice, which was then challenged before the Learned Commissioner (Appeals). The Learned Commissioner (Appeals) held that since the issue of Cenvat Credit had already been decided by the Tribunal and a reference was pending before the High Court, there was no need for further adjudication on the matter.

Upon examination, it was found that the reference to the Hon'ble High Court of Allahabad had already been decided, with the Revenue's appeal being dismissed. The High Court's decision on the matter was dated 08.02.2017, thereby establishing finality on the issue. Consequently, the Tribunal concluded that since the matter had already been settled and the issue had attained finality, there was no merit in the Revenue's appeal. As a result, the appeal filed by the Revenue was dismissed, bringing closure to the legal proceedings in this case.