2018 (4) TMI 824 - AT - Central Excise

CENVAT credit - input/capital goods/input services - Revenue held a view that the appellant being an EOU is eligible to get goods and services without payment of duty/ tax - Held that - It is clear that the Section stipulates that when an exemption is granted under sub-section (1) to any excisable goods absolutely, the manufacturer of such excisable goods shall not pay the duty of excise on such goods - The appellant is not manufacturer of input or capital goods. They are actually recipient of such duty paid goods. Secondly, we note the said mandate of sub-section (1A) is only with reference to exemptions granted absolutely. Exemption N/N. 22/2003 which is subject matter of dispute covering the inputs and capital goods. The said notification, admittedly, contain various conditions including bond etc. to be fulfilled by the manufacturer supplier of such goods to the EOU. As such, it is apparent that such elaborate conditions when stipulated, not followed by the manufacturer supplier will not attract the provision of Section 5A (1A). In any case, the point is even if it is admitted for argument that the supplier had violated the said provision, the appellant as recipient of duty paid goods cannot be put to adverse finding. A distinction is sought to be made on the ground that the N/N. 44/2001 was issued under Rule 19 of CER 2002 whereas the present N/N. 22/2003 is issued under Section 5A. Appeal allowed - decided in favor of appellant.

Summary

Issues:
Entitlement of the appellant for cenvat credit of Central Excise duty paid on input, capital goods, and service tax paid on input services.

Analysis:
The judgment revolves around five appeals concerning the appellant's entitlement to cenvat credit on various goods and services. The main issue addressed is the eligibility of the appellant to avail credit on inputs, capital goods, and services. The Revenue contended that as an EOU, the appellant should receive goods and services without payment of duty, leading to the denial of cenvat credit and consequential benefits under Rule 5 of Cenvat Credit Rules, 2004. However, the appellant argued that they had paid duty/tax on the received goods and services, complying with the rules. The Tribunal noted that the appellant, as a recipient, should not be penalized for any violation by the supplier. The provision of Section 5A(1A) was examined, clarifying that exemptions granted absolutely do not apply to the appellant as they are not the manufacturers of the goods. The Tribunal cited various precedents supporting the appellant's position.

Regarding the applicability of a circular by the DGFT, the Tribunal emphasized that it does not impact the appellant's eligibility for cenvat credit. The judgment also referenced a decision by the Tribunal in a similar case, emphasizing that manufacturers are entitled to credit for duty paid by the input manufacturer. The Tribunal upheld this principle, citing multiple cases supporting the appellant's stance. The Revenue's argument that a specific notification issued under Section 5A distinguished the present case was rejected by the Tribunal, emphasizing the legal principles involved.

The Tribunal further discredited the reliance on a decision by the Bombay High Court, clarifying that it pertained to a different context and did not affect the appellant's cenvat credit eligibility. Ultimately, the Tribunal ruled in favor of the appellant, allowing all appeals and holding that the appellant is entitled to cenvat credit. Consequently, any demands or refund rejections related to the credit were also decided in the appellant's favor based on the findings.

In conclusion, the judgment provides a detailed analysis of the appellant's entitlement to cenvat credit, emphasizing legal provisions, precedents, and the distinction between the roles of manufacturers and recipients in claiming such credits. The Tribunal's decision favored the appellant, ensuring their right to avail cenvat credit on duty paid inputs and services.