2024 (4) TMI 624 - AT - Central Excise

Requirement of reversal of CENVAT Credit - inputs used in the manufacture of dutiable and exempted goods exported - non-maintenance of separate records of receipt and consumption of inputs of dutiable and exempted goods - Rule (6) of Cenvat Credit Rules - HELD THAT - This issue has already been considered by the jurisdictional High Court of Himachal Pradesh in the case of COMMISSIONER OF CENTRAL EXCISE VERSUS DRISH SHOES LTD. 2010 (5) TMI 334 - HIMACHAL PRADESH HIGH COURT wherein also the Hon ble High Court after relying upon the decisions of the Bombay High Court in the case of REPRO INDIA LTD. VERSUS UNION OF INDIA 2007 (12) TMI 209 - BOMBAY HIGH COURT has held an assessee, manufacturing goods chargeable to nil duty, is eligible to avail CENVAT credit paid on the inputs under the exception clause to Rule 6(1), as contained in Rule 6(5) of CENVAT Credit Rules, 2002 and Rule 6(6) of CENVAT Credit Rules, 2004, used in the manufacture of such goods, if the goods are exported. There is no infirmity in the impugned order passed by the Ld. Commissioner which is upheld by dismissing the appeal filed by the Revenue - appeal is dismissed.

Issues Involved:
1. Applicability of Rule 6(1), (2), and (3) of the Cenvat Credit Rules, 2004 on exported goods.
2. Interpretation of Rule 6(6) of the Cenvat Credit Rules, 2004.
3. Eligibility for Cenvat credit on inputs used for manufacturing goods exported under bond.
4. Relevance of previous High Court judgments on similar issues.

Summary:

Issue 1: Applicability of Rule 6(1), (2), and (3) of the Cenvat Credit Rules, 2004 on Exported Goods
The adjudicating authority initially confirmed the demand, holding that Rule 6(1) of the Cenvat Credit Rules, 2004 stipulates that Cenvat credit shall not be allowed on inputs used in the manufacture of exempted goods. Rule 6(2) requires separate accounts for inputs used in dutiable and exempted goods. Rule 6(3) mandates reversing Cenvat credit @ 10% or 5% of the value of exempted goods when separate accounts are not maintained. However, the Commissioner (Appeals) set aside this order, stating that since the exempted goods were exported out of India, the provisions of sub-rules (1), (2), and (3) of Rule 6 are not applicable as per sub-rule (6).

Issue 2: Interpretation of Rule 6(6) of the Cenvat Credit Rules, 2004
The adjudicating authority argued that Rule 6(6) is not applicable because the goods were exempted and attracted a NIL rate of duty. Conversely, the Commissioner (Appeals) held that the provisions of Rule 6(6) apply to goods exported out of India, thereby making sub-rules (1), (2), and (3) inapplicable. This interpretation was supported by previous High Court decisions, including M/s Repro India Ltd. Vs UOI and CCE vs Drish Shoes Ltd.

Issue 3: Eligibility for Cenvat Credit on Inputs Used for Manufacturing Goods Exported Under Bond
The Commissioner (Appeals) and various High Courts, including the Bombay High Court and the Himachal Pradesh High Court, have consistently held that Rule 6(6) allows for Cenvat credit on inputs used in the manufacture of goods exported under bond. The term "excisable goods" in Rule 6(6) is interpreted to include both dutiable and exempted goods exported under bond.

Issue 4: Relevance of Previous High Court Judgments
The judgment heavily relied on precedents set by the Bombay High Court in M/s Repro India Ltd. Vs UOI and the Himachal Pradesh High Court in CCE vs Drish Shoes Ltd. These cases established that the term "excisable goods" in Rule 6(6) is broader than "exempted goods" and includes goods exported under bond, thereby allowing Cenvat credit on inputs.

Conclusion:
The Tribunal upheld the Commissioner (Appeals)'s order, dismissing the Revenue's appeal. It concluded that Rule 6(6) of the Cenvat Credit Rules, 2004, applies to goods exported under bond, and thus, the provisions of sub-rules (1), (2), and (3) of Rule 6 do not apply. The Tribunal found no infirmity in the impugned order and dismissed the appeal.

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