2018 (2) TMI 364 - AT - Central Excise

CENVAT credit - the credit has been denied by invoking the N/N. 21/2014 dated 11.07.2014 which was issued to amend Rule 4(1) and 4(7) of CCR 2004 which prescribes the Rule for availing the credit to the period of 6 months - Held that - the N/N. 21/2014 dated 11.07.2014 became effective for invoices raised post September 2014 and in the present case, credit was availed prior to September 2014 therefore, the appellants are not affected by the said Notification and the Commissioner (Appeals) has wrongly invoked the Notification. Scope of SCN - Held that - the Commissioner (Appeals) has also traveled beyond the SCN and has raised completely new ground for denying the credit which is not permissible under law. Appeal allowed - decided in favor of appellant.

Summary

Issues:
- Transfer of unutilized cenvat credit from EOU to DTA unit
- Availment of credit of duty paid on debonded goods after conversion
- Applicability of Notification 21/2014 dated 11.07.2014
- Permissibility of denying credit beyond show-cause notice

Transfer of unutilized cenvat credit from EOU to DTA unit:
The appellant, a manufacturer of candles and related products, converted from an EOU to a DTA unit. The issue arose when the Department demanded cenvat credit availed during the EOU period, totaling ?13,03,176, be repaid upon conversion. The original authority upheld the demand and imposed a penalty. The Commissioner (Appeals) partially allowed the appeal, permitting the carry-forward of only ?1,49,054 as credit. The appellant contested that they paid duty on raw materials and capital goods upon debonding and availed credit of ?11,54,122, which was included in the opening balance for August 2014.

Availment of credit of duty paid on debonded goods after conversion:
The Department argued that the appellant was not entitled to carry forward unutilized credit from the EOU period upon conversion. They contended that the appellant could not avail credit for duty paid on raw materials and capital goods from the EOU. However, the appellant maintained that they paid duty on these items upon debonding and rightfully availed the credit.

Applicability of Notification 21/2014 dated 11.07.2014:
The Notification amended the Cenvat Credit Rules, 2004, limiting credit availment to within six months. The Commissioner (Appeals) invoked this Notification to deny credit for duty paid on debonded goods after six months from payment. The appellant argued that as their credit was availed before September 2014, the Notification did not apply. The Tribunal concurred, stating the Notification was effective for invoices post-September 2014 and was wrongly invoked.

Permissibility of denying credit beyond show-cause notice:
The Tribunal found that the Commissioner (Appeals) had exceeded the show-cause notice's scope by introducing new grounds to deny credit. This action was deemed impermissible under the law. Consequently, the Tribunal set aside the impugned order, allowing the appeal and granting any consequential relief to the appellant.