2013 (11) TMI 1136 - AT - Central Excise

Waiver of Pre-deposit Clearance of dutiable as well as Exempted output service Held that - The trading activity was undertaken by the appellant as an exempted output service for purposes of Rule 6(3)(b) thus there shall be waiver of the pre-deposits till the disposal Stay granted.

Summary

Issues: Prima facie case against impugned demand under Rule 6(3)(b) of CENVAT Credit Rules, 2004 for manufacturing and clearing dutiable products while rendering an 'exempted output service' (trading activity).

Analysis:
1. The judgment addresses the issue of a prima facie case against the impugned demand of Rs.7,14,553 under Rule 6(3)(b) of the CENVAT Credit Rules, 2004. The appellant was involved in manufacturing and clearing dutiable products while simultaneously engaging in an 'exempted output service' of trading activity during the period of dispute (January - April, 2010). The judge found support for this view in a stay order from a division bench in a similar case of the same assessee, indicating that the trading activity was considered an 'exempted output service' for Rule 6(3)(b) purposes. The Deputy Commissioner argued for support from a different case but the judge did not find such support relevant to the current case. Ultimately, the judge ruled in favor of the appellant, granting waiver of pre-deposit and stay of recovery as requested.

2. The judgment also discusses the interpretation of trading activity as an 'exempted output service' for Rule 6(3)(b) purposes. It contrasts the decision in Orion Appliances Ltd. vs. Commissioner with the current case, highlighting that in the cited case, it was held that trading activity was not a service and therefore not an exempted service, leading to inadmissibility of CENVAT credit for input services used in such activity. However, in the present case, the department argued that trading activity was undertaken as an 'exempted output service' for Rule 6(3)(b) compliance. The judge clarified that the department's stance aligns with the current case, indicating that the cited decision is against the Revenue in this instance. This interpretation played a crucial role in the judgment's decision to grant waiver of pre-deposit and stay of recovery to the appellant.

Overall, the judgment provides a detailed analysis of the issues surrounding the impugned demand under Rule 6(3)(b) of the CENVAT Credit Rules, 2004, emphasizing the interpretation of trading activity as an 'exempted output service' and its implications on CENVAT credit eligibility. The ruling in favor of the appellant was based on a thorough examination of relevant precedents and legal arguments presented by both parties.