2014 (4) TMI 3 - AT - Central Excise

Denial of CENVAT Credit - Denial on the ground that the activity undertaken by them on the said batteries does not amount to manufacture - Held that - Issue is directly covered by umpteen numbers of decisions of the Tribunal, confirmed by the various High Courts. At this stage, we also take note of the Supreme Court s decision in the case of CCE Vs. Narayan Polyplast 2004 (11) TMI 112 - SUPREME COURT OF INDIA as also the confirmation of Gujarat High Court decision in the case of Creative Enterprises confirmed by the Supreme Court. As such, we find that the issue is settled. Reliance by ld. Jt. CDR on the decision of the Tribunal in the case of Printo India Graphics (P) Ltd. 2011 (4) TMI 899 - CESTAT, NEW DELHI is not appropriate inasmuch as the same deals with interest on wrong availment of credit and does not deal with the issue involved in the present matter - Stay granted.

Summary

Issues:
Denial of Cenvat credit on batteries received from sister unit - Whether activity amounts to manufacture - Applicability of Tribunal and High Court decisions - Revenue neutrality - Entitlement for Cenvat credit based on testing and charging batteries - Pre-deposit of dues during appeal.

Analysis:
The judgment revolves around the denial of Cenvat credit amounting to Rs.81,96,47,832 against the appellant for batteries received from their sister unit. The denial was based on the contention that the activity conducted on the batteries did not constitute manufacturing, thus disentitling them from availing the credit. The appellant argued that the testing and charging of batteries falls under Section Note 6 to Section XVI, qualifying as manufacturing. Additionally, they highlighted precedents like the PSL Holdings Ltd. case and the Gujarat High Court's ruling in CCE Vs. Delta Corporation, emphasizing that utilizing credit for duty payment renders the situation revenue neutral.

The Revenue, represented by the Jt. CDR, referred to the Blue Precision Ltd. case and the Printo India Graphics (P) Ltd. case by the Tribunal to support their stance that if the process does not amount to manufacturing, Cenvat credit cannot be claimed. The Tribunal, after considering both sides' submissions, noted the plethora of decisions by the Tribunal and various High Courts on the matter. They specifically mentioned the Supreme Court's decision in CCE Vs. Narayan Polyplast and the Gujarat High Court's confirmation in the case of Creative Enterprises, asserting that the issue at hand is settled law. The Tribunal differentiated the Printo India Graphics (P) Ltd. case cited by the Revenue, clarifying that it pertained to interest on incorrect credit availing, not directly addressing the issue in the present case.

Conclusively, the Tribunal found the issue to be well-established based on legal precedents and decided in favor of the appellant. They waived the pre-deposit condition for dues and stayed the recovery process during the appeal proceedings, ensuring a fair and just resolution until the final decision is reached.