2013 (12) TMI 1294 - AT - Central Excise

Eligibility of cenvat credit - Duty paid on MS channels, angles plates and TMT bars Goods used in fabrication - Extended period of limitation - Waiver of Pre-deposit Held that - The show cause notice is dated 21.04.11 and has invoked extended period of time to seek the reversal of cenvat credit availed by the appellant on these items - the appellant had filed monthly returns with the authorities - Prima facie, the demand is hit by limitation - The arguments as regards the appellant cannot have a bonafide belief post 2008, needs to be addressed which can be done at the time of final disposal of the appeal - the appellant has made out a prima facie case for the waiver of the amounts Pre-deposits stayed till the disposal Stay granted.

Issues:
Eligibility of cenvat credit on MS plates, angles, channels, etc.
Question of bonafide belief regarding availing cenvat credit.
Applicability of the judgment in the case of Vandana Global.
Limitation period for seeking reversal of cenvat credit.

Analysis:

1. Eligibility of Cenvat Credit: The appellant filed a stay petition seeking the waiver of pre-deposit of duty amount, interest, and penalty. The adjudicating authority confirmed that the appellant was not eligible to avail cenvat credit on MS plates, angles, channels, etc. during a specific period. The appellant argued that they believed in the eligibility of the credit based on previous decisions until the judgment in the case of Vandana Global. The Tribunal found that the issue revolved around the eligibility of cenvat credit on these items, which were used for fabrication purposes. The appellant's monthly returns supported their claim, indicating a prima facie case for the waiver of pre-deposit.

2. Bonafide Belief and Applicability of Vandana Global Judgment: The appellant contended that they operated under a bonafide belief regarding the eligibility of cenvat credit until the Vandana Global judgment. The Department, however, argued that post-2008, the appellant could not have maintained such a belief. The Tribunal acknowledged the conflicting views but focused on the prima facie case presented by the appellant, leaving the final decision on bonafide belief for the appeal's disposal. The judgment in Vandana Global was deemed relevant to the issue at hand.

3. Limitation Period for Reversal of Cenvat Credit: The show cause notice was issued after a significant period, invoking an extended time frame for seeking the reversal of cenvat credit. The appellant raised the question of limitation, asserting that the demand was hit by it. The Tribunal agreed that the demand seemed to be affected by limitation, considering the date of the notice and the appellant's submissions regarding the usage of the items for fabrication purposes.

4. Decision and Stay of Recovery: After considering the arguments from both sides, the Tribunal found that the appellant had made a prima facie case for the waiver of pre-deposit. The Tribunal allowed the application for the waiver and stayed the recovery of the amounts involved until the appeal's final disposal. The issue of bonafide belief post-2008 was left for further examination during the appeal proceedings.

This comprehensive analysis of the judgment addresses the various issues raised in the case, including the eligibility of cenvat credit, bonafide belief, applicability of judgments, and the limitation period for seeking reversal of cenvat credit.

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