2012 (2) TMI 288 - AT - Central Excise

Non-reversal of proportionate credit on input service going into the manufacture of exempted product slag generated during the course of manufacture of MS ingots Revenue contended procedure under Rule 6(3A) has not been followed reversed the credit and imposed demand & penalty Held that - Dispute is only about compliance with some procedure. Proportionate credit on inputs and input service going into the manufacture of exempted product stands reversed and hence a demand for 10% of the value of exempted goods is prima facie not warranted. Dues are waived Decided in favor of assessee.

Summary

Issues: Compliance with Rule 6(1) of Cenvat Credit Rules, 2004; Reversal of proportionate credit on inputs and input services for exempted product; Imposition of penalty under Section 11AC.

Compliance with Rule 6(1) of Cenvat Credit Rules, 2004:
The appellants, who are manufacturers of MS ingots, generated slag during the manufacturing process, which they sold. The Revenue contended that the appellants should have paid 10% of the value of slag as per Rule 6(1) of the Cenvat Credit Rules, 2004. Initially, the appellants had reversed the proportionate credit of inputs but had not reversed the credit on input services. The adjudicating officer found the payment made by the appellants to be adequate and dropped the demand for 10% of the value of the goods. The Revenue, aggrieved by this decision, filed an appeal before the Commissioner (Appeals) arguing that the credit on input services had not been reversed and the procedure under Rule 6(3A) had not been followed. However, during the pendency of the appeal, the appellants reversed the proportionate credit on input services as well. The Commissioner (Appeals) still demanded 10% of the value of the exempted product, citing non-compliance with the required procedure.

Reversal of Proportionate Credit on Inputs and Input Services for Exempted Product:
The dispute revolved around the compliance with certain procedures regarding the reversal of credit on inputs and input services for the manufacture of the exempted product. The Commissioner (Appeals) imposed a penalty equal to the amount under Section 11AC, which was not initially part of the appeal. However, upon considering the arguments from both sides, the Tribunal found that the appellants had reversed the proportionate credit on inputs and input services going into the manufacture of the exempted product. Therefore, the demand for 10% of the value of the exempted goods was deemed prima facie unwarranted. The Tribunal concluded that the appellants had presented a strong case for the waiver of dues arising from the impugned order, and accordingly, ordered a stay on the collection of such dues during the appeal's pendency.

Imposition of Penalty under Section 11AC:
Although the imposition of a penalty under Section 11AC was not initially the subject matter of the appeal, the Commissioner (Appeals) imposed a penalty equal to the amount under this section. The Tribunal did not specifically address this issue in the judgment, focusing instead on the compliance with the reversal of credit on inputs and input services for the exempted product.