2019 (7) TMI 199 - AT - Central Excise

CENVAT Credit - Special CVD (SAD) - credit denied merely on the basis of debit in the pass book - HELD THAT - Commissioner (Appeals) had taken the wrong view while permitting the availment of Cenvat credit on the basis of mere entry in DEPB book - reliance placed in the case of THE COMMISSIONER OF CENTRAL EXCISE, CUSTOMS SERVICE TAX VERSUS M/S. PRECISION PIPES AND PROFILES CO. LTD. 2014 (1) TMI 1474 - ALLAHABAD HIGH COURT - appeal allowed - decided in favor of appellant.

Summary

Issues:
- Appeal against denial of Cenvat Credit of Special CVD
- Entitlement to avail Cenvat Credit based on debit in pass book
- Interpretation of Modvat scheme and Notification 34/97
- Legal precedent set by M/s Essar Steel Ltd case
- Applicability of DEPB scheme on Cenvat Credit
- High Court judgments on availment of Cenvat Credit based on DEPB entry

Analysis:
1. The appeal was filed against the denial of Cenvat Credit of Special CVD by the appellant, a manufacturer of PP Woven Sacks. The department proposed the denial of the credit based on the availed amount against the Import License under Target Plus Scheme. The initial proposal was confirmed in the Order-in-Original, but the appeal was allowed in the Order-in-Appeal, leading to the department's appeal before the Tribunal.

2. The issue revolved around the entitlement of the appellant to avail Cenvat Credit based on a debit entry in the pass book. The Tribunal referred to the M/s Essar Steel Ltd case, where it was established that mere debit in the pass book was not sufficient for Modvat credit eligibility. This interpretation was followed by the Hon'ble High Court of Madras and Allahabad in subsequent cases, emphasizing the importance of actual duty payment for credit availment.

3. The Tribunal highlighted the Modvat scheme's conditions, stating that duty payment on inputs was a prerequisite for credit availment. The Notification 34/97 was discussed, clarifying that duty exemption required actual payment for credit eligibility. The Tribunal upheld the principle that debit entries in the pass book alone did not qualify for Modvat credit, aligning with the legal precedents set by previous judgments.

4. The Tribunal's decision was influenced by the legal interpretations established in the M/s Essar Steel Ltd case and subsequent High Court judgments. The case law emphasized the necessity of actual duty payment for credit entitlement, rejecting the notion that mere pass book entries sufficed for credit availment. The Tribunal set aside the previous order, ruling in favor of the department's appeal against the appellant's credit claim.

5. In conclusion, the Tribunal allowed the department's appeal, reaffirming the legal principles outlined in the M/s Essar Steel Ltd case and subsequent High Court judgments. The decision underscored the importance of actual duty payment for Cenvat Credit eligibility, dismissing the appellant's claim based solely on pass book entries.