2018 (1) TMI 151 - AT - Central Excise

CENVAT credit - taxable as well as exempt services - trading activity - Rule 6 (3) of CCR 2004 - the appellant contended that they have already reversed the proportionate credit involved in respect of exempted activities - Held that - If an assessee has reversed the cenvat credit attributable to the input services used for trading activity, the provisions of Rule 6 (3) would not be applicable - it is required to be verified that the amount reversed by the assessee is correct or not - matter on remand. CENVAT credit - copper strip cleared directly to the premises of their buyers located in SEZ area - Held that - The use of the copper strips is required to be ascertained i.e. whether the assessee s factory or in the SEZ factory - Inasmuch as the facts are not clear, the matter remanded to the original adjudicating authority. Appeal allowed by way of remand.

Summary

Issues:
1. Maintenance of separate cenvatable account for taxable and exempted services.
2. Availment of credit on copper strips cleared to SEZ area.

Analysis:

Issue 1: Maintenance of separate cenvatable account for taxable and exempted services
The appellant, engaged in manufacturing excisable goods, faced a dispute regarding the maintenance of separate cenvatable accounts for services used in providing taxable and exempted services. The Revenue argued that since the appellant did not maintain separate accounts, a percentage of the value of exempted goods needed to be paid as per Rule 6(3) of the Cenvat Credit Rules, 2004. The Commissioner (Appeals) held that the appellant could not disregard the law's requirement to maintain separate accounts and reverse the credit proportionate to exempted activities. However, citing precedents, including a decision by the Hon'ble Allahabad High Court, it was established that if the appellant had already reversed the credit for trading activities, Rule 6(3) would not apply. The matter was remanded for verification of the reversed amount.

Issue 2: Availment of credit on copper strips cleared to SEZ area
The second issue revolved around the appellant's claim for credit on copper strips cleared directly to buyers in the SEZ area. The appellant contended that the strips were sent to customers for use and clearance after payment of duty from their factory. However, the Commissioner (Appeals) noted that the strips were cleared without duty payment and sent directly from the supplier's premises to the buyer's premises, leading to a contradictory claim. The facts were deemed unclear, necessitating verification of whether the strips were used in the appellant's factory or the SEZ factory. If the strips were used in the final product's manufacture, the appellant would be entitled to credit, even if initially sent to the intermediate product's manufacturer. Given the lack of clarity, the order was set aside, and the matter remanded for further examination.

In conclusion, the appeal was allowed by way of remand, with both issues requiring detailed verification and examination to determine the correct application of Cenvat Credit Rules and credit entitlement for the appellant.