2009 (7) TMI 1127 - AT - Central Excise

Summary

Issues involved: Interpretation of Rule 6(3) of Cenvat Credit Rules, 2004 regarding payment obligations for manufacturers of both dutiable and exempted goods without separate accounts.

Summary:
The Appellate Tribunal CESTAT Chennai, comprising Ms. Jyoti Balasundaram and Dr. Chittaranjan Satapathy, waived the predeposit of duty amount confirmed for the appellants and proceeded to hear the appeal due to a settled issue in favor of the assessees based on a previous case. The department contended that Rule 6(3) of Cenvat Credit Rules, 2004 required manufacturers to pay a certain percentage for exempted final products if separate accounts were not maintained. However, the Tribunal referred to a previous case where it was held that certain elements like transportation, laying, jointing, testing, and commissioning should not be considered part of the price of goods at the factory gate. Consequently, the Tribunal set aside the impugned order, ruling that freight and insurance charges should not be included in the assessable value for the purpose of payment under Rule 6(3), thereby allowing the appeal.