2017 (9) TMI 498 - AT - Central Excise

CENVAT credit - whether sou moto reversal of CENVAT credit amounts to non-availment of CENVAT credit? - Held that - the Hon ble Supreme Court in the case of Chandrapur Magnet Wires (P) Ltd. Versus Collector of Central Excise, Nagpur 1995 (12) TMI 72 - SUPREME COURT OF INDIA , has ruled that if Cenvat credit is availed and the same is reversed before utilization of the same then it will amount as if Cenvat credit was not availed - Cenvat credit was reversed on 01/03/2011 and therefore, the said Cenvat credit of ₹ 31,31,991/- was not availed by the respondent as on 02/03/2011 - appeal dismissed - decided against Revenue.

Summary

Issues:
1. Appeal against Order-in-Appeal No. 01-02/CE/ALLD/2013 dated 13/05/2013.
2. Recovery of Cenvat credit on steel items availed by the respondents.
3. Submission of respondents regarding reversal of Cenvat credit before the issue of Show Cause Notice.
4. Confirmation of demands and imposition of penalties.
5. Appeal before Commissioner (Appeals) by the appellant.
6. Interpretation of the ruling of Hon'ble Supreme Court in Chandrapur Magnet Wires (P) Ltd. v. Collector of Central Excise, Nagpur.
7. Decision on the reversal of Cenvat credit and non-availment by the respondent.

Analysis:

1. The appeal was filed against Order-in-Appeal No. 01-02/CE/ALLD/2013 dated 13/05/2013. The case involved the recovery of Cenvat credit amounting to ?31,31,991 on steel items availed by the respondents. The Show Cause Notices dated 07/12/2011 & 03/01/2012 proposed the recovery. The respondents claimed to have reversed the Cenvat credit before the issuance of the Show Cause Notices. The demands were confirmed, and penalties were imposed.

2. The Commissioner (Appeals) set aside the demands confirmed on steel items, stating that the appellant had reversed the Cenvat credit of ?31,31,991, which was then appropriated against the demands raised by the Show Cause Notices. The Revenue contended that the intention was to confirm the demand and appropriate the amount.

3. The Tribunal considered the arguments presented by both parties. The appellant relied on the ruling of the Hon'ble Supreme Court in Chandrapur Magnet Wires (P) Ltd. v. Collector of Central Excise, Nagpur, stating that availing and reversing Cenvat credit before utilization equates to non-availment. Therefore, the relief could not be granted to Revenue.

4. After evaluating the contentions and the legal precedent cited, the Tribunal concluded that as per the Supreme Court ruling, if Cenvat credit is reversed before utilization, it is deemed as if the credit was never availed. Consequently, the Tribunal ordered the modification of the Order-in-Appeal, deleting the sentences appropriating the reversed credit against the demands. The demand of ?31,31,991 on account of inadmissible Cenvat credit was set aside, and the appeal filed by Revenue was dismissed.