2008 (1) TMI 175 - AT - Central Excise

Credit in respect of capital goods was denied to the appellants on the ground that they were clearing goods (cotton yarn) without payment of duty under Notification No. 30/2004 - As per Rule 6.4 CCR, credit in respect of capital goods can t be availed if final good is cleared without payment of duty credit not allowable - no any reason to interfere with the impugned order - therefore, assessee s appeal is dismissed

Summary

Issues: Denial of credit in respect of capital goods under Notification No. 30/2004-CE dated 9.7.2004.

Analysis:

The appellants contested the denial of credit for capital goods under Notification No. 30/2004-CE, arguing that the notification does not apply to goods for which duty credit on inputs has been taken. They highlighted a corrigendum deleting the term 'capital goods' from the notification, emphasizing that they were not availing credit for inputs and were clearing goods under the notification without duty payment. The Revenue, however, contended that since the appellants were exclusively manufacturing cotton yarn under the notification, they were not entitled to credit for capital goods used in manufacturing goods cleared without duty payment.

The Tribunal noted that the appellants were indeed manufacturing and clearing only cotton yarn under the said notification, without any other goods being cleared with duty payment. Referring to Rule 6.4 of the CENVAT Credit Rules, 2002, the Tribunal held that no credit for capital goods used exclusively in manufacturing goods cleared without duty payment is allowed. The Tribunal rejected the appellants' argument regarding the corrigendum deleting 'capital goods,' stating that manufacturers under the notification could avail credit for capital goods if they were also manufacturing and clearing goods with duty payment. Consequently, the Tribunal upheld the denial of credit for capital goods and dismissed the appeal.

In conclusion, the Tribunal's decision was based on the specific provisions of the CENVAT Credit Rules and the interpretation of Notification No. 30/2004-CE in the context of the appellants' manufacturing activities and duty payment status. The judgment clarified the eligibility criteria for availing credit on capital goods under the notification, emphasizing the importance of compliance with the relevant rules and notifications in claiming such credits.