2014 (4) TMI 299 - AT - Central Excise

CENVAT Credit - Credit on tubes and flaps - parts and accessories of tyres - according to revenue, since the appellants were bringing these tubes and flaps as inputs in respect of the clearances made to OEMs and availing Cenvat credit, treating such clearances as clearances of inputs as such, the demand for differential duty (difference between the Cenvat credit taken and duty paid at the time of clearance) in respect of Trichur unit was made - Held that - The tyres in question are not tubeless tyres. They required inner tubes as an essential item for functioning, the flaps are also useful and make the functioning of the tyres more convenient and trouble free. Therefore, while tubes can as well find place as part of component of tyre, the flap will clearly be an accessory - appellant s claim of reversal of Cenvat credit at the time of clearance would amount to reversal of Cenvat credit availed on the tubes and flaps also is also valid - Following decision of Balakrishna Industries Ltd. vs. Commissioner of Central Excise, Jaipur-I 2007 (6) TMI 85 - CESTAT, NEW DELHI - Decided in favour of assessee.

Summary

Issues Involved:
- Classification of tubes and flaps as inputs
- Reversal of Cenvat credit on tubes and flaps sold in the replacement market
- Applicability of Balakrishna Industries Ltd. case
- Justification of demands made in the impugned order

Classification of Tubes and Flaps as Inputs:
The appeals involved a common issue regarding the classification of tubes and flaps as inputs in the manufacturing process of tyres. The appellants had two tyre manufacturing units and used tubes and flaps in their production. The dispute arose when the department demanded differential duty on the grounds that tubes and flaps were sold at higher prices. The High Court initially ruled against considering tubes and flaps as inputs, but the Supreme Court stayed this decision pending further appeal. The Tribunal found that tubes and flaps should be considered accessories of the final products, making the appellants eligible for credit.

Reversal of Cenvat Credit on Tubes and Flaps Sold in the Replacement Market:
The department initiated proceedings claiming that tubes and flaps sold along with tyres in the replacement market should not be considered inputs, leading to the reversal of Cenvat credit with interest and penalties. The appellants argued that the value adopted for tubes and flaps in such cases was higher than the purchase value, resulting in the Cenvat credit already being paid at the time of clearance. This argument was not considered by the department, but the Tribunal found it valid, leading to the reversal of the impugned orders.

Applicability of Balakrishna Industries Ltd. Case:
The appellants relied on the decision in the Balakrishna Industries Ltd. case, where it was held that accessories, including tubes and flaps, could be considered inputs. The Tribunal noted that the department did not appeal this decision and found it applicable to the present case. The Tribunal agreed that tubes and flaps should be treated as accessories and eligible inputs, supporting the appellants' claim.

Justification of Demands Made in the Impugned Order:
The Tribunal ultimately found no justification for the demands made in the impugned order. It set aside the orders entirely, providing consequential relief to the appellants. The Tribunal's decision was based on the classification of tubes and flaps as accessories, the validity of the Cenvat credit reversal argument, and the applicability of the Balakrishna Industries Ltd. case to the present situation.

This comprehensive analysis of the judgment highlights the key issues involved, the arguments presented by the parties, and the Tribunal's reasoning leading to the decision in favor of the appellants.