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2018 (4) TMI 63 - AT - Central ExciseCENVAT credit - return of defective goods - Rule 16(2) of the Central Excise Rules, 2002 - difference of opinion - Held that - there are contrary decision on the issue by this Tribunal, therefore, it would be in the interest of justice to refer the matter to the Larger Bench, therefore, the matter is referred to the Larger Bench of this Tribunal to decided the issue - In terms of Rule 16(2) of the Central Excise Rules, 2002, Whether the assessee is required to reverse cenvat credit on the returned goods which are not further processed and cleared as scrap or not? Matter referred to Larger Bench.
Issues involved:
1. Denial of cenvat credit under Rule 16(2) of the Central Excise Rules, 2002 for returned goods sold as scrap. Analysis: The appellant, a manufacturer of auto parts, took cenvat credit on goods returned as defective under Rule 16(1) of the Central Excise Rules, 2002. Subsequently, as these goods could not be reprocessed and were sold as scrap, the revenue issued a show cause notice under Rule 16(2) requiring the reversal of the cenvat credit. The proceedings initiated for the period 2008-2009 to 2012-2011 led to the denial of cenvat credit availed under Rule 16(1). The appellant contested this denial, arguing against the invocation of the extended period of limitation and citing a precedent (Classic Stripes Pvt Ltd.) where it was held that such credit need not be reversed. The appellant's argument was countered by the Ld. AR, who referred to decisions in cases like VFC Industries Pvt. Ltd. and Menon Piston Rings Pvt. Ltd., where it was held that the appellant must reverse the cenvat credit. Given the conflicting decisions within the Tribunal on this issue, it was deemed appropriate to refer the matter to a Larger Bench for resolution. The matter was thus referred to the Larger Bench to decide whether, under Rule 16(2) of the Central Excise Rules, 2002, the assessee is obligated to reverse cenvat credit on returned goods not further processed and cleared as scrap. This decision was made in the interest of justice due to the contradictory rulings within the Tribunal. This judgment highlights the importance of resolving conflicting interpretations within the Tribunal and ensuring consistency in legal decisions. The reference to a Larger Bench signifies the significance of the issue at hand and the need for a definitive ruling to guide future cases involving the denial of cenvat credit under Rule 16(2) of the Central Excise Rules, 2002.
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