2019 (9) TMI 885 - AT - Central Excise

CENVAT Credit - use of capital goods in the manufacturing of exempted goods - benefit of N/N. 30/2004-CE. availed - contention of the department is that since at the time of receipt of capital goods, the appellant was manufacturing exclusively exempted goods with the help of the said warping machine, they are barred from availing the Cenvat Credit on such capital goods - HELD THAT - As per the facts of the present case, though the appellant received and installed the capital good in their running unit in August, 2015 but before completion of two years, in August, 2017 the capital good was used for manufacture of goods which were cleared on payment of duty, availing the exemption notification 29/2004-CE. Therefore, the capital goods were not used continuously for two years for manufacture of exclusively exempted goods. Since the amendment is by way of substitution, it will be applicable from the retrospective effect. Tribunal in various judgments, under the same set of facts and dispute related to N/N. 29/2004-CE and 30/2004-CE, held that even though initially Nil rate of duty exemption under N/N. 30/2004-CE has been availed and subsequently, Notification No. 29/2004-CE availed and paid the duty, the Cenvat Credit on capital goods is admissible. Cenvat Credit on the capital goods is admissible - Appeal allowed - decided in favor of appellant.

Summary

Issues:
- Availing Cenvat Credit on capital goods used for manufacturing exempted goods.
- Interpretation of Rule 6(4) of the Cenvat Credit Rules, 2004.
- Application of Notification No. 13/16-CE (NT) dated 01.03.2016.
- Admissibility of Cenvat Credit under Notification No. 29/2004-CE and 30/2004-CE.

Analysis:
1. The case involved a dispute regarding the admissibility of Cenvat Credit on capital goods used in the manufacturing of exempted goods. The appellant had availed Cenvat Credit from August 2015 to March 2017 while being under exemption Notification No. 30/2004-CE. The department contended that as per Rule 6(4) of the Cenvat Credit Rules, if capital goods are used exclusively for manufacturing exempted goods, Cenvat Credit is not admissible.

2. The appellant argued that even though they were availing Notification No. 30/2004-CE, the goods manufactured were not exempted. They started clearing goods under Notification No. 29/2004-CE from April 2017, indicating that the capital goods were not used exclusively for exempted goods. Additionally, they highlighted the substitution of Rule 6(4) by Notification No. 13/16-CE (NT) dated 01.03.2016, which imposed a bar on credit only if goods were used exclusively for exempted goods for two years.

3. The Revenue reiterated that the capital goods were used for manufacturing exclusively exempted goods, thus disallowing Cenvat Credit as per Rule 6(4). However, the Tribunal examined the amended Rule 6(4) and noted that the bar on credit applies only if capital goods are used for two years from installation for exempted goods. In this case, the capital goods were used for dutiable goods before the completion of two years, making the credit admissible.

4. Considering the retrospective effect of the amendment and supported by relevant case laws, the Tribunal held that Cenvat Credit on the capital goods was admissible. Citing previous judgments under similar circumstances, the Tribunal set aside the impugned orders and allowed the appeals, emphasizing the applicability of Notification No. 29/2004-CE and 30/2004-CE in determining the admissibility of Cenvat Credit.

This detailed analysis of the judgment highlights the key legal issues, interpretations of relevant rules, and the Tribunal's decision based on the arguments presented by both parties.