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2023 (3) TMI 885 - AT - Central ExciseCENVAT Credit availed on plant and machinery used in the manufacture of coke briquettes - capital goods have been used in the manufacture of exempted goods i.e. briquette classified under Tariff Item 2701 20, which attracts NIL rate of duty - eligibility under Rule 6 (4) of the Cenvat Credit Rules, 2004 - HELD THAT - There is no dispute that even though plant and machinery on which credit was availed as capital goods though they were used in the manufacture of bricks which in turn used in the manufacture of final product i.e. soda ash and the same was cleared on payment of duty. In this fact, in the considered view it cannot be said that the capital goods were used exclusively for manufacture of exempted goods. This is for the reason the process of manufacture of soda ash is consist of various processes and the entire process is considered to be the process of manufacture of Soda ash which is indeed cleared on payment of duty. Therefore, the provision of Rule 6 (4) of CCR is not applicable in the present case. The said provision is applicable only when the final product in which the capital goods is used is exclusively, cleared under exemption. Reliance placed in the case of ISPAT METALLICS LTD. VERSUS COMMISSIONER OF CENTRAL EXCISE, RAIGAD 2005 (7) TMI 225 - CESTAT, MUMBAI where it was held that The word used can denote be intermittent and/or use sometime in future; we find that both sides agree that the appellants are a manufacturer of declared final products Iron and Steel and have the capacity or potential to use iron ore fines also. Therefore credit as over led cannot be denied. In view of the above judgment, an identical issue has been considered that only because the capital goods is used for exempted intermediate goods, the cenvat credit cannot be denied when the final product is cleared on payment of duty. The appellant is entitled for cenvat credit on capital goods in the given facts of the present case - Appeal allowed.
Issues Involved:
1. Eligibility of Cenvat credit on capital goods used in the manufacture of exempted intermediate goods. 2. Classification of certain items as capital goods under Rule 2(a) of the Cenvat Credit Rules, 2004. Detailed Analysis: 1. Eligibility of Cenvat Credit on Capital Goods Used in the Manufacture of Exempted Intermediate Goods The primary issue revolves around whether the appellant is eligible for Cenvat credit on capital goods used in the manufacture of coke briquettes, an intermediate product classified under Tariff Item 2701 20, which attracts NIL rate of duty. The appellant contended that the briquettes are ultimately used in the manufacture of soda ash, which is cleared on payment of duty. Therefore, the plant and machinery used for manufacturing briquettes should not be considered as used exclusively for exempted goods. The Tribunal noted that the entire process, including the manufacture of intermediate products like briquettes, is part of the process of manufacturing soda ash, which is cleared on payment of duty. Consequently, Rule 6(4) of the Cenvat Credit Rules, 2004, which restricts credit on capital goods used exclusively for the manufacture of exempted goods, is not applicable. The Tribunal relied on several judgments to support this view: - Ispat Metallics Ltd vs. CCE Raigad: This case established that capital goods used in processes that do not amount to manufacture but are integral to the production of dutiable final products are eligible for credit. - Indira Sahakari Soot Girni Maryadit vs. CCE, Aurangabad: The Tribunal held that capital goods used for producing intermediate goods, which are further used in the manufacture of dutiable final products, are eligible for credit. - CCE vs. United Phosphorous Ltd: The Tribunal upheld the eligibility for Modvat credit on capital goods used in the generation of electricity, which was mostly captively consumed for manufacturing final products. The Tribunal concluded that the appellant is entitled to Cenvat credit on capital goods, as the final product (soda ash) is cleared on payment of duty. 2. Classification of Certain Items as Capital Goods Under Rule 2(a) of the Cenvat Credit Rules, 2004 The second issue pertained to whether certain items listed in Annexure-B to the show cause notices are covered by the definition of capital goods under Rule 2(a) of the Cenvat Credit Rules, 2004. The appellant had availed credit on these items, treating them as capital goods. The Tribunal did not delve deeply into this issue, as the primary contention was resolved in favor of the appellant based on the eligibility of Cenvat credit for capital goods used in the manufacture of intermediate products. The Tribunal's decision to allow the appeal implicitly addressed this issue, affirming the appellant's classification of the items as capital goods under Rule 2(a). Conclusion The Tribunal set aside the impugned orders and allowed the appeals, holding that the appellant is entitled to Cenvat credit on capital goods used in the manufacture of intermediate products, which are ultimately used in the production of dutiable final products. The Tribunal's decision was based on a thorough interpretation of Rule 6(4) of the Cenvat Credit Rules, 2004, and supported by various judicial precedents.
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