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2017 (9) TMI 932 - AT - Central ExciseShortage of raw material - copper ingots - clandestine clearance - Held that - As duty is to be demanded on the goods manufactured by the assessee and admittedly, it is fact on record that the appellant is not manufacturer of copper ingots therefore, no duty can be demanded on copper ingots - the duty cannot be demanded on copper ingots - appeal allowed - decided in favor of appellant.
Issues:
Appeal against duty demand on copper rods and penalty imposition. Analysis: The appellant, a manufacturer of copper rods, faced allegations of clearing copper ingots during an investigation due to a shortage found in the raw material. The case led to a duty demand on copper ingots and penalty imposition. The appellant contended that they are not liable to pay duty on copper ingots as they are not the manufacturers of the ingots, citing Section 11A of the Central Excise Act, 1944. Additionally, they argued that no Cenvat credit was availed on the copper ingots. The appellant disputed the duty demand on the grounds that duty should be paid on goods manufactured by them, and since they were not the manufacturers of the ingots, no duty should be levied. The appellant also highlighted Rule 3(5) of the Cenvat Credit Rules, 2004, which mandates the reversal of Cenvat credit if raw materials are cleared clandestinely. The appellant confirmed that they had not availed any Cenvat credit on the copper ingots, a fact undisputed by the Revenue. The Tribunal considered the submissions from both sides and observed that duty cannot be demanded on copper ingots since the appellant was not the manufacturer of the ingots. Referring to Rule 3(5) of the Cenvat Credit Rules, 2004, the Tribunal noted that if raw materials are cleared clandestinely, the assessee must reverse any Cenvat credit availed on those inputs. Given that the appellant had not availed any Cenvat credit on the copper ingots, and this fact was not disputed by the Revenue, the Tribunal held that duty could not be demanded on the copper ingots. Consequently, the impugned order regarding the duty demand on copper ingots and the penalty imposition was set aside, and the appeals were allowed. The judgment was dictated and pronounced in open court by the Member (Judicial) of the Appellate Tribunal CESTAT New Delhi, Mr. Ashok Jindal.
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