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2019 (2) TMI 12 - AT - Central ExciseCENVAT Credit - Incorrect reversal of cenvat credit attributable to exempted goods by considering the weight of the final product and not considering the quantum of inputs used in the manufacturing activity - Held that - When there is an embargo to avail credit on inputs used for manufacture of exempted products the appellant cannot contend that the credit would be eligible since the waste and scrap is cleared on payment of duty - the demand of 1, 29, 52, 945/- on this issue is legal and proper and does not require interference. CENVAT Credit - Incorrect reversal of credit for LPG / Furnace oil used in the manufacture of exempted goods by incorrect adoption for value of exempted goods - Non reversal of input services credit for exempted goods manufactured - Sep 2005 to March 2008 - Held that - Even prior to 1.4.2008 when the CENVAT Credit Rules bars availing of credit on inputs used for exempted products and also lays down procedure for reversal of proportionate credit the appellant had to arrive at the value of clearances by taking into consideration the value of free supplies as well as amortized cost - also the appellant has used the funded machinery for dutiable goods and has paid royalty to VSSC for such use. All these aspects have to be considered while arriving at the value of exempted clearances - All the aspects have to be considered while arriving at the value of exempted clearances - matter require to be remanded to the adjudicating authority for reworking the exempted clearance and that has to be reversed by the appellant. Non reversal of input services credit for exempted goods manufactured - period after 1.4.2008 - Held that - The appellant fairly concedes the demand in this regard. They only contest the inclusion of the entire amortized value of plant and machinery funded by VSSC on the grounds inter alia that the impugned plant and machinery was also used to manufacture dutiable goods for customers other than VSSC - for the purpose of reworking the credit that has to be reversed under this issue the matter remanded along with the above two issues to the adjudicating authority. Penalty - Held that - All these issues are in the nature of interpretation of law or have resulted from mistakes and inadvertent errors on calculating the amounts to be reversed - the penalties imposed on all the issues cannot sustain and require to be set aside. Appeal allowed in part - part matter on remand.
Issues Involved:
1. Availment of second installment of CENVAT credit on capital goods for the second time. 2. Availment of CENVAT credit twice on the same document and on aluminum billets used in exempted goods. 3. Incorrect reversal of CENVAT credit attributable to exempted goods. 4. Incorrect reversal of credit for LPG/Furnace oil used in exempted goods. 5. Non-reversal of input services credit for exempted goods (Sep 2005 to March 2008). 6. Non-reversal of input services credit for exempted goods (April 2008 to March 2010). 7. Availment of credit on input services exclusively used in exempted goods. 8. Availment of credit on capital goods used exclusively in exempted goods. Detailed Analysis: 1. Availment of Second Installment of CENVAT Credit on Capital Goods for the Second Time: The appellant did not contest the demand of ?49,15,448/- related to this issue, admitting it was due to inadvertent error/clerical mistake without malafide intention. They argued that since they had a substantial credit balance and did not utilize the credits, the demand for interest and penalties was unsustainable. 2. Availment of CENVAT Credit Twice on the Same Document and on Aluminum Billets Used in Exempted Goods: Similar to Issue 1, the appellant did not contest the demand of ?4,73,544/- and argued that the error was clerical. They maintained that the credit balance was sufficient, and the credits were not utilized, making the interest and penalties unjustified. 3. Incorrect Reversal of CENVAT Credit Attributable to Exempted Goods: The appellant reversed credit only for the inputs contained in the final product, not the entire inputs used. They cited the case of M/s. Albert David Ltd., where it was held that credit is admissible on inputs contained in waste generated during the manufacture of exempted products. However, the tribunal found this decision inapplicable under the CENVAT Credit Rules, 2004, which do not consider waste and scrap as final products. Therefore, the demand of ?1,20,52,945/- was upheld as legal and proper. 4. Incorrect Reversal of Credit for LPG/Furnace Oil Used in Exempted Goods: The appellant reversed credit based on job charges received, excluding the value of materials supplied free and the amortized value of plant and machinery funded by VSSC. The tribunal noted that the value of clearances should include both material cost and amortized cost, and remanded the issue for reworking the credit. 5. Non-Reversal of Input Services Credit for Exempted Goods (Sep 2005 to March 2008): The appellant argued that only credit attributable to input services used in exempted goods should be reversed, and no formula was prescribed for this period. The tribunal remanded the issue to rework the credit, considering the correct value of exempted clearances. 6. Non-Reversal of Input Services Credit for Exempted Goods (April 2008 to March 2010): The appellant admitted the demand but contested the inclusion of the entire amortized value of plant and machinery funded by VSSC. The tribunal remanded the issue for reworking the credit, considering the correct value of exempted clearances. 7. Availment of Credit on Input Services Exclusively Used in Exempted Goods: The appellant did not contest the demand of ?2,71,005/- but argued against the penalties, citing clerical mistakes and sufficient credit balance. The tribunal set aside the penalties. 8. Availment of Credit on Capital Goods Used Exclusively in Exempted Goods: The appellant did not contest the demand of ?18,53,440/- but argued against the penalties for similar reasons as in Issue 7. The tribunal set aside the penalties. Penalty: The tribunal noted that the appellant had enough credit balance, reversed major parts of the credit during the investigation, and the issues were due to interpretation of law or clerical errors. Therefore, all penalties imposed were set aside. Conclusion: - The demand of ?1,20,52,945/- for Issue 3 was upheld. - Issues 4, 5, and 6 were remanded for reworking the credit. - Penalties for all issues were set aside. - The appeal was disposed of accordingly.
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