2013 (5) TMI 485 - AT - Central Excise

Denial of Cenvat credit - differential excise duty paid by the manufacturer subsequent to clearance of the goods based on a certificate issued by the officer. During that time, there was no specific provision in Central Excise Rules enabling the appellant to take CENVAT credit based on such certificate which got rescinded prior to that date. Therefore, Revenue proceeded against the respondent. - Held that - Hon ble Supreme Court affirmed the decision of the Madras High Court as reported in CCE Vs Home Ashok Leyland Ltd. 2007 (3) TMI 257 - SUPREME COURT OF INDIA since the matter is no longer res integra, there is no merit in the appeal filed and same is rejected.

Summary

Issues involved:
1. CENVAT credit based on a certificate issued by the officer having jurisdiction over the factory.
2. Interpretation of Central Excise Rules regarding CENVAT credit eligibility.
3. Precedent set by the decision of the Tribunal and the Hon'ble Supreme Court.

Analysis:
1. The primary issue in this case pertains to the eligibility of CENVAT credit taken on goods by the buyer based on a certificate issued by the officer having jurisdiction over the factory from which the goods were cleared. The appellant claimed the credit based on this certificate, which was issued before the existence of a specific provision in the Central Excise Rules, 1944 enabling such credit. The Revenue challenged this claim, leading to a legal dispute.

2. The appellant's argument relied on the absence of a specific provision akin to Rule 57E of the Central Excise Rules, 1994, which allowed for such credits. The lower authorities, including the appellate authority, supported the appellant's position by citing a previous decision of the Tribunal in a similar case involving Bell Ceramics Ltd. vs. CC & CE, Vadodara. This decision established a precedent for allowing CENVAT credit based on certificates issued by the Range Superintendent.

3. The judgment further references a significant legal precedent set by the Hon'ble Madras High Court in the case of Home Ashok Leyland Ltd. The High Court's decision in favor of the taxpayer was appealed to the Hon'ble Supreme Court, which upheld the High Court's decision. This precedent reinforces the validity of claiming CENVAT credit based on certificates issued by appropriate authorities, even in the absence of a specific rule in the Central Excise Rules.

4. Considering the established legal precedents and the absence of any new arguments or circumstances, the judgment concludes that the matter is no longer open to debate (res integra). As a result, the appeal filed by the Revenue challenging the CENVAT credit claim is deemed meritless and is rejected. This decision reaffirms the consistent interpretation of the law regarding CENVAT credit eligibility based on valid certificates issued by authorized officers, as supported by previous judicial decisions.

(Dictated and pronounced in open court)