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2017 (3) TMI 1287 - HC - Central ExciseCENVAT credit - inputs stand utilized for payment of duty on the final product, whether credit is required to be reversed? - Held that - the final product is treated as dutiable and duty is paid by the assessee. When once duty is paid by the assessee treating the activity as manufacturing activity by the Department, CENVAT credit is available and there is no question of reversal of CENVAT credit - appeal dismissed - decided against Revenue.
Issues:
1. Whether the obligation exists for the assessee to reverse the CENVAT credit when the final product duty is paid using the credit. 2. Determining whether the activity undertaken by the assessee amounts to manufacturing. 3. Applicability of the High Court decisions in similar cases. Issue 1: Reversal of CENVAT Credit The Tribunal's order highlighted that if CENVAT credit is utilized for paying duty on the final product, there is no requirement to reverse the credit, even if the activity does not qualify as manufacturing. The decision was based on the precedent set in the case of Asian Colour Coated Ispat Ltd. v. CCE, where it was established that utilizing CENVAT credit for duty payment eliminates the need for credit reversal. Issue 2: Manufacturing Activity The judgment referred to a Bombay High Court case where it was emphasized that until a certain date, the Revenue acknowledged the activity as manufacturing and allowed duty credit. The withdrawal of a circular did not automatically negate the manufacturing status, especially when additional complex processes were involved. The court emphasized that if duty was paid in good faith, availing credit should not be penalized. Issue 3: High Court Precedents The judgment cited a Gujarat High Court decision stating that if an activity does not amount to manufacturing, duty imposition is not justified, and Modvat credit cannot be denied. The High Court decisions from Bombay and Gujarat were deemed applicable, affirming that when duty is paid on a product treated as dutiable by the Department, CENVAT credit should not be reversed. In conclusion, the High Court dismissed the appeal, considering the duty payment on the final product as a manufacturing activity, thus upholding the utilization of CENVAT credit without the need for reversal. The judgments referred to emphasized the importance of assessing the manufacturing status based on historical acceptance and the absence of duty evasion.
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