2011 (4) TMI 1124 - HC - Central Excise

Cenvat credit - Whether assessee is not liable to reverse the availment of cenvat credit in support of the goods destroyed for which he claimed compensation from the Insurance Company Held that - Merely because the Insurance Company paid the assessee the value of goods including the excise duty paid, that would not render the availment of the cenvat credit wrong or irregular, assessee has paid the premium and covered the risk of this capital goods and when the goods were destroyed in terms of the insurance policy, the Insurance Company has compensated the assessee. It is not a case of double payment, appeal are answered in favour of the assessee and against the revenue, appeal is dismissed

Issues:
1. Challenge to Tribunal's order regarding cenvat credit reversal for destroyed goods claimed under insurance.
2. Legality of availing cenvat credit and subsequent claim for reimbursement.
3. Applicability of Excise Act provisions on cenvat credit reversal.
4. Impact of Insurance Company's compensation on cenvat credit legitimacy.
5. Questions of law regarding unjust enrichment and cenvat credit validity.

Issue 1:
The appeal challenges the Tribunal's decision on cenvat credit reversal for destroyed goods claimed under insurance. The assessee, having purchased capital goods in 1998 and availed cenvat credit, faced a fire accident in 2003 leading to the destruction of these goods. Subsequently, the assessee claimed reimbursement from the Insurance Company, which included the excise duty paid on the capital goods. The Excise Department demanded cenvat credit reversal, which the assessee contested through appeals. The Tribunal ruled in favor of the assessee, stating that there is no legal provision empowering the Excise Authorities to reverse the cenvat credit in such cases. The revenue's contention of double benefit was dismissed, and relief was granted to the assessee.

Issue 2:
The legality of availing cenvat credit and seeking reimbursement was analyzed. The assessee had lawfully availed cenvat credit on capital goods, utilizing it for clearing excisable goods. The destruction of these goods in a fire accident led to the Insurance Company compensating the assessee, including the excise duty amount. The Tribunal found that the assessee had rightfully availed the cenvat credit and used it for duty payment on final products. The absence of a legal provision for cenvat credit reversal in the Excise Act supported the Tribunal's decision, granting relief to the assessee.

Issue 3:
The judgment emphasized the provisions of the Excise Act regarding cenvat credit reversal. It highlighted that unless cenvat credit is irregularly taken, there is no provision for its reversal by the Excise Authorities. In this case, the assessee had legitimately availed the cenvat credit on capital goods and utilized it for duty payment. The destruction of goods and subsequent reimbursement from the Insurance Company did not warrant cenvat credit reversal as per the Act, leading to the dismissal of the revenue's appeal.

Issue 4:
The impact of the Insurance Company's compensation on the legitimacy of cenvat credit was crucial. The judgment clarified that the reimbursement received, including the excise duty amount, did not invalidate the initial cenvat credit availed by the assessee. The Insurance Company's compensation for the destroyed goods did not provide grounds for the Excise Department to demand cenvat credit reversal, as the assessee had covered the risk through insurance and was rightfully compensated.

Issue 5:
The judgment addressed substantial questions of law related to unjust enrichment and cenvat credit validity. Citing a Supreme Court ruling, it emphasized the indefeasibility of cenvat credit once lawfully taken by a manufacturer. The Tribunal's decision was upheld, stating that the assessee's actions were within the legal framework, and the Excise Department had no authority to reverse the cenvat credit. The appeal was dismissed, favoring the assessee and rejecting the revenue's claims of double benefit or unjust enrichment.

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