2009 (5) TMI 498 - AT - Central Excise

Cenvat Credit-Textiles and textile articles- The respondents are the manufacturers of PVC Insulated Wires. They availed input credit on the inputs received and claimed that they had utilized it in the manufacture PVC Insulated Wires which are cleared for export They filed five refund claims for the periods from April 2005 to August 2006. However the Original Authority rejected the refund claims on the ground that the respondents had not fulfilled the conditions of Rule 5 of Cenvat Credit Rules 2002 read with Notification No. 11 /2005-CE. (N.T.) as amended. The respondents approached the Commissioner (Appeals) for relief. The Commissioner (Appeals) set aside the impugned orders-in-Original and allowed the assessee s appeals. Held that- We agree with the learned Commissioner (Appeals) that there is no such requirement under the Cenvat Credit Rules 2004. We have already reproduced the finding of the Commissioner (Appeals) which is well reasoned. He had also come to the conclusion based on the figures that the respondent is not in a position to utilize the credit availed on inputs used in the manufacture of goods which were exported under bond and which are getting accumulated from time to time. He has correctly applied Rule 5 of CCR which provides for sanction of refunding cash in respect of goods exported under bond/letter of undertaking. Moreover the issue is settled in terms of the decisions of the Tribunal cited by the learned Counsel for the respondents. The OIO and the Appeal of the Department are also beyond the scope of the Show Cause Notice.

Issues Involved:
1. Condonation of delay in filing supplementary appeals.
2. Rejection of refund claims under Rule 5 of Cenvat Credit Rules, 2004.
3. Requirement of one-to-one correlation between inputs and exported goods.
4. Eligibility for refund of Cenvat Credit on inputs used for both domestic and export products.
5. Examination of conditions under Rule 5 read with relevant notifications.
6. Factual correctness of export clearances and input utilization.

Issue-wise Analysis:

1. Condonation of Delay in Filing Supplementary Appeals:
The tribunal noted that the department initially filed only one appeal instead of five. Upon realizing this, the bench directed the department to file separate appeals, leading to a delay. The tribunal found the reasons for the delay justifiable and condoned the delay, allowing the supplementary appeals to proceed.

2. Rejection of Refund Claims Under Rule 5 of Cenvat Credit Rules, 2004:
The respondents, manufacturers of PVC Insulated Wires, claimed refunds for input credit used in the manufacture of goods cleared for export. The Original Authority rejected these claims, stating that the conditions of Rule 5 of the Cenvat Credit Rules, 2002, read with Notification No. 11/2005-CE (N.T.), as amended, were not fulfilled. However, the Commissioner (Appeals) set aside the rejection, stating that there was no requirement of one-to-one correlation between inputs and exported goods under the Cenvat Credit Rules, 2004.

3. Requirement of One-to-One Correlation Between Inputs and Exported Goods:
The Commissioner (Appeals) found that the original authority's rejection based on the inability to prove one-to-one correlation was beyond the scope of the law. The tribunal agreed, emphasizing that the Cenvat Credit Rules, 2004, do not require maintaining production records for each lot/invoice of inputs for final products, especially in continuous production scenarios.

4. Eligibility for Refund of Cenvat Credit on Inputs Used for Both Domestic and Export Products:
The Commissioner (Appeals) noted that the respondents used common inputs (copper rods) for both domestic and export products. As long as the input specifications were not in doubt, proportionate credit attributable to inputs used for export products was eligible for rebate under Rule 5 of the Cenvat Credit Rules, 2004. The tribunal upheld this view, stating that the accumulated unutilized credit was attributable to inputs used in exported goods, and the respondents were not in a position to utilize this credit for domestic clearances.

5. Examination of Conditions Under Rule 5 Read with Relevant Notifications:
The Revenue argued that the Commissioner (Appeals) did not properly examine the conditions under Rule 5 read with Notification No. 11/2002-C.E. (N.T.) dated 1-3-2002/05/2006-C.E. (N.T.), dated 14-3-2006. However, the tribunal found that the Commissioner (Appeals) had correctly applied the rule, which provides for refund in cash for goods exported under bond/letter of undertaking.

6. Factual Correctness of Export Clearances and Input Utilization:
The Revenue contended that the respondents had not fulfilled the conditions for refund, citing instances where inputs were used for domestic products. The tribunal, however, found that the respondents had provided sufficient data to show that the inputs were used in the manufacture of exported goods. The tribunal also noted that the issue of actual usage raised by the Revenue was beyond the scope of the Show Cause Notice.

Conclusion:
The tribunal concluded that the Commissioner (Appeals) had correctly applied the law and that the respondents had fulfilled the conditions for refund under Rule 5 of the Cenvat Credit Rules, 2004. The tribunal upheld the Commissioner (Appeals)'s order and rejected the department's appeals, finding no merit in them. The operative portion of the order was pronounced in open court at the conclusion of the hearing.

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