2015 (10) TMI 1798 - AT - Central Excise

Denial of CENVAT Credit - removal of crates and bottles - Held that - Admittedly, the credit availed by the respondent on receipt of the new bottles was utilized by them, by using the said inputs, for payment of duty on their final product. The bottles and crates, were not removed as such, at that point of time and stand utilized by the respondent, thus satisfying the provisions of Cenvat credit Rules. The entire situation, at that point of time, became a clean slate. - On subsequent receipt of old used crates, no credit was availed and as such the question of reversing any credit does not arise. The Appellant Authority has rightly held that the provisions of Rule 3(4) of Cenvat Credit Rules are not applicable in the present case. - Decided against Revenue.

Summary

Issues:
- Interpretation of Rule 3(4) of Cenvat Credit Rules regarding reversal of credit on removal of old and used glass bottles/crates.

Analysis:
The appeal involved a dispute regarding the reversal of Cenvat credit on the removal of old and used glass bottles/crates by the respondent. The Revenue contended that the assessee should reverse the credit originally availed at the time of receiving new glass bottles/crates when removing the old and used ones. The original Adjudicating Authority upheld the demand raised by the Revenue. However, on appeal, the Commissioner (Appeals) ruled in favor of the respondent, stating that Rule 3(4) does not apply to old and used items for which no credit was taken initially. The Commissioner also noted that the rule mandates credit reversal only when inputs are removed "as such." Additionally, the Commissioner granted the benefit of limitation to the assessee due to proper record maintenance and absence of suppression.

The Appellate Tribunal, after considering both sides and reviewing the Commissioner's order, found no merit in the Revenue's argument. The Tribunal observed that the credit availed by the respondent on new bottles was legitimately utilized for paying duty on the final product, and the old crates/bottles were not removed "as such" at that time. As the respondent did not avail any credit on the old items upon their return, the Tribunal concurred with the Commissioner that Rule 3(4) did not apply in this scenario. Consequently, the Tribunal rejected the Revenue's appeal, affirming the Commissioner's decision.