2019 (3) TMI 301 - AT - Central Excise

Credit of duty on goods brought to the factory - Rule 16 of Central Excise Rule 2002 - activity amounting to manufacture or not? - Held that - There is no dispute of the facts that the appellant have purchased layflat tubing, shrink caps and waste packing bags on payment of Excise duty and certain activities have been carried out after such activities they have cleared the goods on payment of duty. This transaction is squarely covered under Rule 16 of Central Excise Rule 2002 - an assessee is permitted to bring the bought out goods and avail CENVAT credit on it and after any process can clear on payment of duty. In case the activity amounts to manufacture the assessee is required to pay duty on its transaction value and if the activity does not amount to manufacture, the excise duty so payable should be equal to the CENVAT credit on the bought out goods. This provision clearly makes it clear that even if the activity does not amount to manufacture, the CENVAT credit is admissible. There is no case of the department that the appellant have paid duty less than the CENVAT Credit - in terms of Rule 16, of Central Excise Rules, 2002 CENVAT credit is admissible. Appeal allowed - decided in favor of appellant.

Summary

Issues:
- Entitlement to Cenvat Credit on purchased goods not amounting to manufacture.

Analysis:
The case revolved around the entitlement of the appellants to Cenvat Credit on purchased goods that did not amount to manufacture according to the department. The appellants were engaged in purchasing layflat tubing, shrink caps, and waste packing bags, processing them, and selling the processed goods on payment of duty. The department contended that these activities did not constitute manufacture, thus disallowing the Cenvat Credit claimed by the appellants.

The appellants argued that even though the activities did not amount to manufacture, the processed goods were cleared on payment of duty exceeding the Cenvat Credit availed. They relied on Rule 16 of the Central Excise Rules 2002 to support their claim. The rule allows for Cenvat Credit on bought-out duty paid goods even if the activity does not amount to manufacture. The appellants cited various judgments to reinforce their argument, emphasizing that once duty is paid on processed goods, Cenvat Credit is admissible.

Upon careful consideration of submissions, the Tribunal found that the appellants had indeed purchased goods on payment of excise duty, processed them, and cleared the goods on payment of duty. This transaction fell under Rule 16 of the Central Excise Rules 2002, which permits Cenvat Credit on bought-out goods. The rule specifies that if the activity does not amount to manufacture, the excise duty payable should be equal to the Cenvat Credit on the purchased goods. Since there was no evidence of the appellants paying duty less than the Cenvat Credit, the Tribunal ruled in favor of the appellants. The impugned order was set aside, and the appeal was allowed, leading to the allowance of other appeals related to penalties as well.

In conclusion, the Tribunal held that the appellants were entitled to Cenvat Credit on purchased goods even if the activities did not amount to manufacture, as per Rule 16 of the Central Excise Rules 2002. The judgment highlighted the importance of complying with the provisions of the law regarding Cenvat Credit and duty payment on processed goods, ultimately ruling in favor of the appellants and allowing their appeal.