2018 (7) TMI 602 - AT - Central Excise

Trading activity - It is the case of the Revenue that during the course of audit of books of accounts of the appellants, the officers of the audit wherein noticed that in addition to its main activity of manufacture of dutiable goods, the appellant was also doing trading activity from its factory premises - Rule 3 (5) of CCR, 2004 - Held that - The department has not disputed the fact that the appellant had removed the inputs as such to its sister concern by reversing the credit availed on such inputs as per Rule 3 (5) of CCR, 2004 - this itself is not sufficient to hold that it is a trading activity. The adjudicating authority shall examine the documents if any furnished by the appellant and pass order - appeal disposed off.

Issues:
1. Eligibility to avail and utilize credit on input services for trading activity.
2. Invocation of extended period under Rule 14 of CCR.
3. Demand of specified amount for clearances of exempted goods.
4. Demand of interest for delayed payment.
5. Imposition of penalty for contravention.

Analysis:

Issue 1: Eligibility to avail and utilize credit on input services for trading activity
The case involved the appellant, a manufacturer of CNC Lathes and related parts, who was alleged by the Revenue to have engaged in trading activities alongside manufacturing. The Revenue contended that the appellant availed credit on input services used for both manufacturing and trading, leading to a Show Cause Notice (SCN) for ineligibility to avail credit for trading activities. The appellant argued against this, stating they were involved solely in manufacturing and that certain inputs were cleared for further manufacturing. The Tribunal noted that the appellant had reversed credit on inputs removed to a sister concern, which did not amount to trading activity as per Rule 3(5) of CCR, 2004. Relying on legal precedents, the Tribunal held that the removal of inputs for further processing did not constitute trading, directing the adjudicating authority to reexamine the case in line with the established case law.

Issue 2: Invocation of extended period under Rule 14 of CCR
The Revenue invoked the extended period under Rule 14 of CCR for issuing the SCN to the appellant. However, the Tribunal's analysis focused on the core issue of trading activity rather than the invocation of the extended period. The Tribunal's decision to set aside the impugned order was based on the lack of legal basis for treating input removal as trading, rather than delving into the validity of invoking the extended period.

Issue 3: Demand of specified amount for clearances of exempted goods
The SCN proposed a demand of a specified amount equivalent to the value of clearances of exempted goods. The appellant contested this demand, emphasizing their lack of involvement in trading activities beyond a minimal extent. The Tribunal's decision to allow the appeal was primarily driven by the finding that the appellant's actions did not constitute trading, rendering the demand for the specified amount unjustified.

Issue 4: Demand of interest for delayed payment
The SCN also proposed the demand of interest for delayed payment of the specified amount related to clearances of exempted goods. While the issue of interest was mentioned in the SCN, the Tribunal's analysis primarily focused on the core question of whether the appellant's actions amounted to trading or not. The Tribunal's decision to set aside the order was based on the lack of legal basis for treating the input removal as trading, without specific mention of the interest demand.

Issue 5: Imposition of penalty for contravention
The proposed penalty under Rule 15(2) of CCR for the alleged contravention was a part of the SCN issued to the appellant. The Tribunal's decision to allow the appeal did not delve deeply into the penalty aspect but was primarily driven by the finding that the appellant's activities did not amount to trading. The Tribunal directed the adjudicating authority to reexamine the case in light of the established legal principles, without specific mention of the penalty imposition.

In summary, the Tribunal's judgment centered on the crucial issue of whether the appellant's actions constituted trading activity, with a clear finding that the removal of inputs for further processing did not amount to trading. The Tribunal relied on legal precedents to support its decision, directing the adjudicating authority to reevaluate the case accordingly.

← Previous Next →