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2023 (9) TMI 451 - AT - Central ExciseInoperability of CENVAT credit in relation to job work - coverage by scheme for discharge duties of central excise at the final stage of manufacture by the principal as set out in notification no. 214/86-CE dated 25th March 1986 - Exempt goods or not - HELD THAT - The Larger Bench of the Tribunal has, in STERLITE INDUSTRIES (I) LTD. VERSUS COMMISSIONER OF CENTRAL EXCISE, PUNE 2004 (12) TMI 108 - CESTAT, MUMBAI , held that Modvat credit of duty paid on the inputs used in the manufacture of final product cleared without payment of duty for further utilisation in the manufacture of final product, which are cleared on payment of duty by the principal manufacturer, would not be hit by provision of Rule 57C. The impugned order is contrary to settled law and must be set aside - Appeal allowed.
Issues Involved:
1. Determination of inoperability of CENVAT credit in relation to 'job work' under notification no. 214/86-CE dated 25th March 1986. 2. Application of rule 6, rule 14, and rule 15 of CENVAT Credit Rules, 2004. 3. Reversal of credit for inputs used in exempted goods. 4. Precedent cases and their applicability to the current case. Summary: 1. Determination of Inoperability of CENVAT Credit: The sole issue in the appeal by M/s Tungabhadra Holding Pvt Ltd is the determination of inoperability of CENVAT credit for 'job work' under notification no. 214/86-CE dated 25th March 1986. The first appellate authority held that the appellant clears 'exempted goods,' triggering rule 6 of CENVAT Credit Rules, 2004, and due to failure to reverse credit, rule 14 and rule 15 come into play. 2. Rule 6, Rule 14, and Rule 15 of CENVAT Credit Rules, 2004: The appellant, a manufacturer of 'galvanized pipes' and 'MS black pipes,' also undertakes 'job work' using their own inputs and those supplied by the principal. Duty liability is deferred to the principal as per the notification. A notice was issued for recovery of Rs. 26,64,757 as duties of central excise on 'furnace oil' and 'chemicals and paints' used in exempted clearances, requiring reversal of credit. 3. Reversal of Credit for Inputs Used in Exempted Goods: The original authority dropped proceedings, but the Commissioner of Central Excise (Appeals), Mumbai Zone - I, reversed this decision. The appellant argued that the issue is settled by precedents like Jindal Polymers v. Commissioner of Central Excise, Meerut, MPI Papers Pvt Ltd v. Commissioner of Central Excise, Mumbai-I, and Sterlite Industries (I) Ltd v. Commissioner of Central Excise, Pune, which were affirmed by the Hon'ble High Court of Bombay. 4. Precedent Cases and Their Applicability: The Tribunal in MPI Papers Pvt Ltd held that Rule 57C debars taking of credit if the final product is exempted or chargeable to nil rate of duty. The Tribunal in Sterlite Industries (I) Ltd held that job workers can take credit of duty for inputs used in goods cleared to the principal manufacturer, who pays the duty. This interpretation avoids mechanical application of Rule 57C, which would otherwise destroy the intended benefit of the Modvat scheme. Conclusion: The impugned order is contrary to settled law and must be set aside. The appeal is allowed. Order Pronounced: (Order pronounced in the open court on 29/08/2023)
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