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2019 (5) TMI 207 - AT - Central ExciseCENVAT Credit - appellants cleared their finished goods mainly, cement to SEZ developers without payment of excise duty claiming exemption under Notification No.42/2001-CE (NT), dated 26.06.2001 - applicability of Rule 6(6) of Cenvat Credit Rules, 2004 - HELD THAT - The issue decided in the case of THE COMMISSIONER OF CENTRAL EXCISE CHENNAI II COMMISSIONERATE VERSUS M/S. S.P. FABRICATORS PVT LTD., THE CUSTOMS EXCISE AND SERVICE TAX APPELLATE TRIBUNAL 2018 (10) TMI 1474 - MADRAS HIGH COURT , where it was held that after enactment of Special Economic Zones Act, 2005 w.e.f. 10-2-2006, supplies to SEZ from DTA are treated as export of dutiable goods and entitled to benefits as such including that of exception in Rule 6 (6) of CENVAT Credit Rules, 2004, of not requiring separate accounts of dutiable and non-dutiable inputs/services to be maintained. Appeal dismissed - decided against Revenue.
Issues:
1. Applicability of Cenvat Credit Rules to supplies made to SEZ developers. 2. Liability to pay duty on clearances made to SEZ developers without payment of excise duty. 3. Invocation of extended period based on suppression of facts. Analysis: Issue 1: Applicability of Cenvat Credit Rules to supplies made to SEZ developers The appellants, engaged in cement manufacturing, availed Cenvat credit on inputs, capital goods, and input services. The dispute arose when the department contended that Rule 6(6) of Cenvat Credit Rules, 2004 did not apply to clearances made to SEZ developers, necessitating the payment of 10% of the value of goods cleared without duty. The Commissioner (Appeals) set aside the demand, interest, and penalties, leading to the appeal before the Tribunal. The Tribunal found the issue to be settled by the jurisdictional High Court's decision in a similar case and the Tribunal's own ruling in the appellant's case. The Tribunal upheld that the supplies to SEZ developers were not exempted goods, and Rule 6(3) was inapplicable, citing relevant case laws supporting their decision. Issue 2: Liability to pay duty on clearances made to SEZ developers without payment of excise duty The appellant argued that the amendment to Rule 6(6)(i) of CENVAT Credit Rules, which included supplies to SEZ developers, was clarificatory and retroactively applicable to the period in question. The appellant contended that the department failed to establish suppression for invoking the extended period, emphasizing the complexity of the legal interpretation involved. The Tribunal concurred with the appellant's position, citing precedents and the absence of evidence of suppression by the department. Issue 3: Invocation of extended period based on suppression of facts The Tribunal noted that the issue of supplies made by DTA units to SEZ developers was previously addressed in the appellant's case, where it was established that such supplies are not exempted clearances under Cenvat Credit Rules. The Tribunal dismissed the Revenue's reliance on a different judgment, emphasizing the inapplicability of the judgment to the current issue. Ultimately, the Tribunal found no grounds to interfere with the impugned order and dismissed the appeal. This detailed analysis of the judgment provides a comprehensive overview of the issues involved and the Tribunal's reasoning behind its decision, incorporating legal terminology and significant phrases from the original text.
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