2015 (9) TMI 93 - AT - Central Excise

Demand of CENVAT credit - credit on plastic crates - plastic crates where the appellant has used both in dutiable and in exempted goods - Held that - The issue is already settled by virtue of retrospective amendment in the Finance Act, 2010. We also find from the letter dated 13.3.2015 issued by the Commissioner of Central Excise, Puducherry addressed to the appellant that the four show-cause notices which are the subject matter in the impugned order has been considered in his letter where the appellant has filed application consequent on retrospective amendment. We also find that the application dated 2.11.2010 was filed before Commissioner on 4.11.2010 by the appellant. - Since the adjudicating authority has accepted the application of the appellant relating to the demand covered in four show-cause notices and held that the appellant has not availed MODVAT/CENVAT credit on the crates used for exempted goods and held that there is no further demand due from the appellant. Accordingly, the impugned order is set aside - Decided in favour of assessee.

Summary

Issues:
Demand of CENVAT credit on plastic crates used for both dutiable and exempted goods; retrospective amendment in Finance Act, 2010; acceptance of application by Commissioner; penalty imposed under CENVAT Credit Rules.

Analysis:
The case involved a demand of &8377; 4,18,16,633/- on the value of goods due to the use of plastic crates for both dutiable and exempted products. The adjudicating authority confirmed the demand under Rule 12 of the CENVAT Credit Rules and imposed a penalty of &8377; 50,00,000/- under Rule 13 of the CENVAT Credit Rules, 2001/2002. The issue was already settled by a retrospective amendment in the Finance Act, 2010, which was acknowledged by the Commissioner in a communication dated 13.3.2015. The appellant had filed an application following the retrospective amendment, which was accepted by the Commissioner.

The Tribunal noted that the issue of demand for CENVAT credit on plastic crates had been settled by the retrospective amendment in the Finance Act, 2010. The Commissioner's letter dated 13.3.2015 confirmed that the show-cause notices had been considered, and the appellant's application following the amendment was accepted. The Commissioner's letter detailed the calculations regarding the credit attributable to inputs used in the manufacture of exempted goods and the amount of credit not taken initially by the appellant. The Tribunal found the methodology adopted by the Chartered Accountant to be reasonable and accepted the calculations, concluding that the appellant had discharged their liability under the relevant rules.

The adjudicating authority had accepted the appellant's application related to the demand covered in the show-cause notices and determined that no further demand was due from the appellant. Consequently, the impugned order was set aside, and the appeal was allowed with any consequential relief. The early hearing application was also disposed of in light of the settlement of the issue through the retrospective amendment and the acceptance of the appellant's application by the Commissioner.