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2019 (12) TMI 1123 - AT - Central ExciseCENVAT Credit - exempt goods or not - manufacture and clearance of insulated wires and cables to SEZ Developers - applicability of Rule 6 of the Cenvat Credit Rules, 2004 - HELD THAT - This Tribunal in THE COMMISSIONER OF CUSTOMS CENTRAL EXCISE, HYDERABAD VERSUS M/S. SUJANA METAL PRODUCTS LTD. 2015 (3) TMI 781 - ANDHRA PRADESH HIGH COURT has held that Since both during the period prior to and w.e.f. 10-2-2006, the supplies made to SEZ are held to be export , the application of provisions of Cenvat Credit Rules for recovery of amounts on goods supplied to SEZ units in terms of Rule 6 of CCR, 2002/CCR, 2004 does not arise. Appeal allowed - decided in favor of appellant.
Issues:
- Appeal against order-in-original regarding manufacturing and clearance of insulated wires and cables to SEZ Developers without payment of duty. - Interpretation of Rule 6 of the Cenvat Credit Rules, 2004. - Applicability of export status to clearances made to SEZ Developers. - Reversal of 10% value of clearances to SEZ Developers. - Comparison of definitions of "export" under Customs Act and SEZ Act. - Application of Cenvat Credit Rules for recovery of amounts on goods supplied to SEZ units. - Validity of amending Notification No. 50/2008-C.E. (N.T.), dated 31-12-2008. - Upholding of previous Tribunal judgments and High Court decisions. Analysis: The appeal before the Appellate Tribunal CESTAT Mumbai involved a case where the appellant had manufactured and cleared insulated wires and cables to SEZ Developers without payment of duty during a specific period. The issue revolved around the application of Rule 6 of the Cenvat Credit Rules, 2004, which required the appellant to reverse 10% of the value of such clearances. The appellant contended that the clearances should be considered as exports under Rule 6(6)(v) of the Cenvat Credit Rules, 2004, and thus, the reversal of 10% value was not required. The Tribunal considered previous judgments, notably the case of Sujana Metal Products Ltd., which established that supplies made to SEZ units are to be treated as exports for extending export benefits and levy of duty. It was clarified that the definition of "export" under the SEZ Act prevails over the Customs Act, and thus, supplies made to SEZ from DTA units should be treated as exports. The Tribunal also highlighted the applicability of Cenvat Credit Rules and the amendment to Rule 6(1) by Notification No. 50/2008-C.E. (N.T.), dated 31-12-2008. The Tribunal upheld the appellant's argument, citing previous judgments and High Court decisions that supported the view that supplies to SEZ units are to be treated as exports, thereby exempting them from the requirement of reversing 10% of the value of clearances. Consequently, the impugned order was set aside, and the appeal was allowed with any consequential relief as per the law. In conclusion, the Tribunal's decision was based on the interpretation of relevant rules and previous legal precedents, affirming that clearances made to SEZ Developers without payment of duty should be treated as exports, thereby exempting the appellant from the obligation to reverse a percentage of the value of such clearances.
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