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2023 (2) TMI 988 - AT - Central ExciseCENVAT Credit - intermediate goods - aluminum dross/skimmings (arising as waste/refuse) - requirement of payment of 6% of the value of the exempted or non-excisable goods when they are also manufactured along with dutiable goods apply to dross and skimmings, or not? - applicability of CBIC circular No. 1084/05/2022-CX dated 7.7.2022 - HELD THAT - The submission of the learned authorised representative that CBIC s circular should not be applied in this case even though it squarely covers the case because the Rule has not been amended cannot be accepted. The circular was issued considering the Rule. The purpose of the CBIC s circulars is to ensure that Revenue applies the same Rule in the same manner in all cases. While the assessee might dispute the interpretation of the Rule by the Revenue, learned authorised representative cannot take a different stand from the CBIC s circular. He is representing the Revenue and if the Rule is to be applied in a particular manner according to the Revenue in all cases as per the Circular, the respondent, who is placed in identical situation cannot be treated differently even if the learned authorised representative is of the opinion that the Circular is not correct. The impugned order is upheld and Revenue s appeal is dismissed.
Issues:
1. Appeal against setting aside of order-in-original by Commissioner (Appeals). 2. Demand for payment of 6% of the value of non-excisable goods. 3. Interpretation of Rule 6 of the CENVAT Credit Rules, 2004. 4. Applicability of CBIC circular on dross and skimmings. 5. Dispute over the impact of the circular on the case. 6. Revenue's argument against applying the circular. 7. Upholding of the impugned order and dismissal of Revenue's appeal. Analysis: 1. The appeal was filed by the Revenue against the setting aside of the order-in-original by the Commissioner (Appeals). The case involved the demand for payment of 6% of the value of non-excisable goods, specifically aluminum dross and skimmings, cleared by the respondent along with excisable goods. The dispute centered around the interpretation of Rule 6 of the CENVAT Credit Rules, 2004. 2. The respondent, a manufacturer of aluminum ingots, faced demands based on audits that considered the dross and skimmings arising as waste during manufacturing as non-excisable goods requiring payment under Rule 6. Show Cause Notices were issued, leading to the Joint Commissioner confirming the demand, imposing penalties, and interest. The Commissioner (Appeals) set aside this order, prompting the Revenue's appeal. 3. The respondent argued that dross and skimmings were not manufactured goods but waste products inherent to the manufacturing process of aluminum ingots. They cited a CBIC circular rescinding an earlier circular, clarifying the treatment of non-excisable goods like dross and skimmings. Both parties agreed that the circular applied to the case. 4. Despite the circular's applicability, the Revenue contended that Rule 6 had not been amended and should be assessed independently of the circular. They highlighted the timing of the circular post-amendment but were reminded that the circular aimed to ensure consistent application of the Rule by the Revenue. 5. The Tribunal upheld the impugned order, emphasizing the importance of adhering to the CBIC's circular for uniform application of the Rule. The decision dismissed the Revenue's appeal, emphasizing the need for consistent interpretation and application of tax rules. 6. The judgment underscored the significance of regulatory circulars in guiding the application of tax laws and ensuring uniformity in interpretation and enforcement. The case highlighted the interplay between statutory provisions, judicial precedents, and administrative guidelines in resolving disputes related to tax liabilities on non-excisable goods.
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