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2015 (10) TMI 867 - AT - Central ExciseRemoval of inputs as such - Whether the appellant are required to pay duty on 115% of the value of cost of inputs cleared to the sister unit under the provision of Rule 57AB(b) read with Notification No. 27/2000 CE(NT) dated 31.3.2000 during the period 1.4.2000 to 28.2.2001 or not - Held that - As the Larger Bench of this Tribunal 2005 (9) TMI 340 - CESTAT, NEW DELHI has held that reversal of Cenvat Credit availed on inputs is sufficient if the goods have been cleared as such, therefore, we hold that appellant are not required to pay duty on 115% of the value of inputs cleared to their sister concern. Consequently, the demands are not sustainable. - Impugned order is set aside - Decided in favour of assessee.
Issues:
Whether duty is payable on 115% of the value of inputs cleared to sister unit under Rule 57AB(b) read with Notification No. 27/2000 CE(NT) dated 31.3.2000 during the period 1.4.2000 to 28.2.2001. Detailed Analysis: The appellant, a manufacturer of beverages and aerated waters, appealed against an order demanding duty by enhancing the assessable value of inputs cleared to their sister unit. The Revenue contended that as per Rule 57 AB (b) and Notification No. 27/2000 CE(NT), if inputs are cleared as such, duty is payable on 115% of the value of cost of inputs. Proceedings were initiated against the appellant resulting in a demand for differential duty, interest, and penalty. The central issue in this case was whether the appellant was liable to pay duty on 115% of the value of inputs cleared to the sister unit under Rule 57AB(b) read with Notification No. 27/2000 CE(NT) dated 31.3.2000 during a specific period. The Tribunal referred to a previous judgment by a Larger Bench in the case of Eicher Tractors vs. CCE, Jaipur, which clarified the application of Rule 3(5) of the Cenvat Credit Rules, 2004. The Tribunal held that the appellant was not required to pay duty on 115% of the value of inputs cleared to their sister unit based on the principle that reversal of Cenvat Credit availed on inputs was sufficient if the goods were cleared as such. Citing the clarification provided by the Board and the provisions of Rule 3(5) of the Cenvat Credit Rules, 2004, the Tribunal ruled in favor of the appellant. The judgment highlighted that the reversal of Cenvat Credit on inputs was deemed adequate if the goods were cleared as such, leading to the conclusion that the appellant was not obligated to pay duty on 115% of the value of inputs cleared to their sister unit. Consequently, the demands made by the Revenue were deemed unsustainable, and the impugned order was set aside, allowing the appeal with consequential relief if applicable.
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