2016 (8) TMI 295 - AT - Central Excise

Cenvat Credit - payment of duty where processing is not amounting to manufacture - they had cleared the fabrics cut to required sizes - payment of duty which was not less than cenvat credit taken on the fabrics - whether amount to reversal of credit or not - Held that - the case is squarely covered by various judgments of the Tribunal. The demand raised by the Revenue does not survive because the credit taken by the appellant was reversed by paying duty at the time of clearance of the goods. That the items were not input is also not of much consequence inasmuch as the appellant could have also dealt with these items as a trader and the cenvat provisions would allow the same treatment. Further since the equal amount of credit has been paid at the time of removal of these goods, the requirement of law of reversing credit at the time of clearance of inputs as such remain satisfied. therefore, the demand and penalties are set aside. - Decided in favour of appellant with consequential relief.

Summary

Issues:
- Admissibility of cenvat credit on fabrics
- Applicability of Rule 16 of the Central Excise Rules 2002

Admissibility of cenvat credit on fabrics:
The case involved appeals against Orders-in-Appeal rejecting the appellant's appeal and upholding the Order-in-Original regarding the admissibility of cenvat credit on HDPE/PP fabrics. The appellant, a manufacturer of fabrics, faced show-cause notices alleging inadmissible credit under Rule 2(2) and 2(3) of Cenvat Credit Rules 2004 due to trading activity. The appellant contended they cleared fabrics to customers on payment of duty equal to the credit taken. The lower authorities confirmed the demand, leading to appeals. The appellant argued compliance with Rule 16 of the Central Excise Rules 2002 and Rule 3(5) of Cenvat Credit Rules 2004, emphasizing payment of duty on cleared fabrics equaled the cenvat credit taken.

Applicability of Rule 16 of the Central Excise Rules 2002:
The appellant's counsel cited Rule 16 of the Central Excise Rules 2002, emphasizing the payment of duty on goods cleared equal to the cenvat credit taken. Referring to CBEC Circulars and judicial decisions, the appellant argued that the cutting process did not amount to manufacture, and duty payment on clearance reversed the cenvat credit. The counsel highlighted various case laws supporting their stance. In contrast, the Revenue contended the appellant, as a trader, was ineligible for cenvat credit, asserting Rule 16's inapplicability. The Tribunal analyzed the arguments, referencing precedents cited by the appellant, and concluded that the appellant's case aligned with the cited judgments, as duty payment on clearance satisfied the credit reversal requirement.

The Tribunal ruled in favor of the appellant, setting aside the demand and penalties, allowing the appeals with any consequential relief. The judgment emphasized that the appellant's payment of duty on cleared goods, equivalent to the cenvat credit taken, fulfilled legal requirements, rendering the demand baseless. The decision highlighted that the items not being inputs did not impact the treatment under cenvat provisions, as the appellant could operate as a trader within the framework. Notably, in the absence of duty demand, penalties were deemed inapplicable, concluding in favor of the appellant on both issues raised in the appeals.