2016 (11) TMI 1220 - AT - Central Excise

CENVAT credit - whether appellant is eligible for CENVAT Credit availed on Capital goods when at the time of availing credit appellant was manufacturing only exempted product? - Held that - at the time of availing credit, the appellant was manufacturing only exempted product, I have to agree that the contentions put forward by department holds merit. At the time of taking credit on capital goods i.e. December 2005 the appellant was manufacturing exempted product only. The Ld. Counsel for appellant has made a frail effort to rely upon sub-rule (2) of Rule 9 of Central Excise Rules, 2002 to canvass the proposition, that the appellant had taken Central Excise Registration, to manufacture of excisable goods, which would indicate that appellant had intention to manufacture dutiable goods later. Mere taking registration for manufacture would not make the appellants eligible to take credit on capital goods when the capital goods were exclusively used to manufacture exempted goods at the relevant time of taking credit. The crucial aspect to be considered is the use of the capital goods on the date on which credit is taken. Therefore the credit availed on capital goods in the month of December 2005 is not admissible. Credit not allowed - appeal dismissed - decided against assessee.

Summary

Issues involved: Whether the appellant is eligible for CENVAT Credit on Capital goods when manufacturing only exempted products at the time of availing credit.

Analysis:
1. Facts and Background: The appellant, a manufacturer of various final products, started manufacturing exempted Maize Starch in November 2005. They availed CENVAT Credit on capital goods in December 2005 while manufacturing exempted products. Subsequently, they started manufacturing dutiable products in February 2006 using the same capital goods.

2. Contentions of the Appellant: The appellant argued that since they manufactured both exempted and dutiable products using the capital goods, credit should be allowed. They cited judgments where credit was allowed for mixed use of capital goods. Additionally, they highlighted the intention to manufacture both types of products from the beginning, as evidenced by their registration and Memorandum of Association.

3. Legal Provisions: Rule 6(4) of CENVAT Credit Rules, 2004 states that no credit shall be allowed on capital goods used exclusively in the manufacture of exempted goods. The appellant's manufacturing of exempted products at the time of availing credit was a crucial factor in determining credit eligibility.

4. Judgment: The Tribunal agreed with the department that credit availed in December 2005, when only exempted products were manufactured, was not admissible. The registration for excisable goods did not automatically make the appellant eligible for credit on capital goods exclusively used for exempted products. The Tribunal distinguished the cited judgments and upheld the decision based on the Apex Court's ruling in a similar case. As the appellant started manufacturing dutiable products only in February 2006, the credit was deemed inadmissible. The impugned orders disallowing the credit were upheld, and the appeals were dismissed.

This detailed analysis covers the facts, arguments, legal provisions, and the Tribunal's reasoning leading to the judgment's conclusion regarding the eligibility of CENVAT Credit for the appellant.