2018 (2) TMI 1001 - AT - Central Excise

CENVAT credit - input/input services for manufacture of taxable as well as exempt goods - non-maintenance of separate records - demand of an amount equivalent to 6% of the value of the exempted goods cleared - Held that - there is no dispute as to the fact the respondent had cleared the sulphuric acid to fertilizer unit which availed the benefit of Notification No. 04/2006-CE as amended. The said Notification specifically provides for availment of an exemption subject to following the chapter X procedure. It is settled law, the goods cleared under chapter X procedure are not exempted goods - demand set aside - appeal dismissed - decided against Revenue.

Summary

Issues:
Revenue's appeal against dropping demands raised for exempted goods cleared by respondent.

Analysis:
The Revenue appealed against the dropping of demands raised against the respondent for clearing exempted goods without discharging duty. The respondent, a manufacturer of sulphuric acid, cleared goods to fertilizer units without paying duty as per specific notifications. Revenue raised demands as respondent did not maintain separate accounts for inputs. Adjudicating Authority confirmed demands, but the First Appellate Authority set them aside, citing Tribunal decisions. The Tribunal held that goods cleared under specific procedures are not exempted, as per relevant notifications and case laws cited. The Tribunal referred to various precedents and decisions to support the conclusion that the respondent's goods were not exempted. The Tribunal upheld the impugned order based on previous rulings in the respondent's favor. The Tribunal found no reason to interfere, as the issue was decided in favor of the respondent in their own case. Therefore, the impugned order was upheld, and the appeal was rejected.