2008 (1) TMI 146 - AT - Central Excise

Credit - appellants had made bright bars out of duty-paid black bars and cleared the bright bars on payment of duty - held that even if duty were not payable on the finished goods (there being no manufacture) credit can not be denied on input i.e. black bars - appellants are entitled to avail CENVAT credit on the inputs which were converted into bright bars which were cleared on payment of duty - impugned order is set aside and this appeal is allowed

Summary

Issues:
1. Out-of-turn disposal of appeal application.
2. Denial of CENVAT credit on inputs for producing bright bars.
3. Interpretation of 'manufacture' for excisability of bright bars.

Issue 1: Out-of-turn disposal of appeal application
The application filed by the assessee sought out-of-turn disposal of their appeal, even though the stake involved was not high enough. Both sides agreed that the issue was covered by judicial authorities. The appellant cited a decision in Super Forgings and Steels Ltd. v. CCE, Chennai, while the SDR referenced the Apex Court's judgment in Veekayan Industries v. CCE, Chandigarh.

Issue 2: Denial of CENVAT credit on inputs for producing bright bars
The appellants had converted duty-paid black bars into bright bars, availed CENVAT credit on inputs, and cleared the bright bars on payment of duty. The lower appellate authority denied the credit, stating that the bright bars were not excisable due to lack of 'manufacture.' Referring to the decision in Super Forgings and Steels Ltd., the Tribunal held that the utilization of credit towards duty payment, even if duty was not payable on finished goods, precluded further recovery, as established in earlier Tribunal decisions.

Issue 3: Interpretation of 'manufacture' for excisability of bright bars
Building on previous case law, the Tribunal concluded that the appellants were entitled to CENVAT credit on inputs used to produce bright bars cleared on payment of duty. The impugned order was set aside, and the appeal was allowed, aligning with the decision in Super Forgings and Steels Ltd. The Tribunal emphasized that the denial of CENVAT credit at a later stage was not permissible, given the acceptance of the credit initially.

This judgment clarifies the entitlement of CENVAT credit for the production of excisable goods, emphasizing the importance of previous judicial decisions in determining excisability and duty payment obligations.