2018 (12) TMI 923 - AT - Central Excise

CENVAT Credit - inputs - bought out items - certain items which are brought into the factory by the appellant and cleared along with the final product which was exported to Vietnam - Held that - The very same issue has been analyzed in the case of KCP Ltd. 2018 (12) TMI 845 - CESTAT CHENNAI and the Tribunal has held that the credit to be eligible - credit allowed - appeal allowed - decided in favor of appellant.

Summary

Issues:
Eligibility of CENVAT credit on bought-out items cleared along with exported final products.

Analysis:
The case involved the eligibility of CENVAT credit on items not manufactured by the appellants but cleared along with final products for export. The department contended that the appellants were not entitled to this credit. Show cause notices were issued, leading to confirmation of demand, interest, and penalties by the original authority, which was upheld by the Commissioner (Appeals). The main argument by the appellant was that the definition of 'inputs' included goods cleared with the final product and whose value was added to the assessable value. Reference was made to a previous Tribunal decision in a similar case involving a sister concern.

The issue centered around whether the appellants could avail credit on items brought into the factory and cleared with the exported final product. The Tribunal referred to the decision in the case of KCP Ltd. where it was held that such credit was eligible. Additionally, the Tribunal cited the decision in the case of Thermax Ltd. vs. Commissioner of Central Excise, Pune, where it was established that bought-out items used in the erection of products at the customer's site were considered inputs and could not be distinguished from those used in the factory. The Tribunal found that the disallowance of credit was unjustified, following the precedent set in the KCP Ltd. case. Consequently, the impugned orders were set aside, and the appeals were allowed with any consequential relief.