Principal manufacturer eligible to take credit of duty so paid by job-worker

Principal manufacturer eligible to take credit of duty so paid by job-worker

Commissioner of Central Excise, Chennai-III Commissionerate Vs. Sundaram Auto Components Ltd. [2015 (10) TMI 720 - MADRAS HIGH COURT]

The Department has denied credit of duty paid by job-worker to Sundaram Auto Components Ltd., principal manufacturer (“the Respondent”) on the ground that the job-worker had paid duty even when he was not required to pay in terms of Notification No. 214/86-CE dated March 25, 1986. Thus, the Respondent has availed double benefits by claiming credit of duty paid to supplier of inputs & duty paid and collected by job-worker.

The Hon’ble High Court of Madras relying upon the following judgments:

• International Auto Ltd. Vs. Commissioner [2005 (3) TMI 132 - SUPREME COURT OF INDIA];
• KOHINOOR PRINTERS PVT. LTD. Versus COMMISSIONER OF C. EX., PONDICHERRY [2008 (2) TMI 865 - CESTAT CHENNAI];
• CCE & C Vs. Narmada Chematur Pharmaceuticals Ltd. [2004 (12) TMI 93 - SUPREME COURT OF INDIA]

held that credit of duty paid by job-worker can be availed by the principal manufacturer, even if job-worker forgoes exemption and pay duty on semi-processed goods returned to the principal-manufacturer. It was further held that the Respondent did not claim credit twice as it only claimed credit of (a) duty paid to supplier of inputs; and (b) duty paid and collected by job-worker, which, even according to the Department, was not payable by job-worker. Since duty was paid by the Respondent both times, Cenvat credit was available and same cannot be construed as double benefit by applying theory of unjust enrichment