2005 (9) TMI 199 - AT - Central Excise

Summary

Issues:
- Appeal against Orders-in-Appeal rejecting refund of Cenvat credit for duty paid on black tea by a 100% EOU for manufacturing instant tea for export.

Analysis:
The case involved appeals against Orders-in-Appeal rejecting the refund of Cenvat credit for duty paid on black tea by a 100% Export Oriented Unit (EOU) for manufacturing instant tea meant for export. The appellants, M/s. Tata Tea Ltd., availed Cenvat credit on duty paid for black tea used in manufacturing instant tea. As the instant tea was exported, they sought a refund under Rule 5 of the Cenvat Credit Rules, 2002. The Original Authority and Commissioner (Appeals) rejected the refund, citing that as a 100% EOU, the appellants should have followed the procedure under Notification 1/95 to obtain duty-free inputs. The Tribunal noted that the appellants, despite being a 100% EOU, paid duty for the black tea and were eligible for Cenvat credit. Rule 5 allows for a refund of Cenvat credit on inputs used in products cleared for export, without any exclusion for EOUs. The Tribunal referred to a past decision by CEGAT in favor of the appellants, emphasizing that the Commissioner (Appeals) should have followed this precedent. Consequently, the appeal was allowed, granting the appellants relief with consequential benefits.

In conclusion, the Tribunal's decision favored the appellants, emphasizing their eligibility for Cenvat credit refund under Rule 5 despite being a 100% EOU. The judgment highlighted the absence of any exclusion for EOUs in the rule and referenced past favorable decisions to support the appellants' case. The Tribunal's ruling was based on the principle of judicial discipline, ensuring consistency in decisions and providing relief to the appellants in line with established legal interpretations.