2007 (1) TMI 341 - AT - Central Excise

Timing of Cenvat Credit on Capital Goods in Manufacturing Exempted Products: Resolution on Eligibility

The appeal involved the availment of Cenvat credit on capital goods used in manufacturing exempted products. The appellant, engaged in sock manufacturing, ... Cenvat/Modvat - Penalty Issues involved: Availment of Cenvat credit on capital goods.Summary:The appeal concerns the availment of Cenvat credit on capital goods used in the manufacture of exempted products. The appellant, engaged in sock manufacturing, received and installed capital goods during a period when their finished products were exempted from excise duty. Despite this, the appellant availed Cenvat credit on the specified duty paid on these capital goods, leading to a show cause notice for recovery of the credit amount along with interest and penalty. The Department relied on precedents to support its position that credit eligibility is determined at the time of receipt of capital goods, irrespective of subsequent changes in dutiability. The demands raised in the show cause notice were confirmed by the authorities, prompting the appellant to appeal the decision.The appellant argued that they had reversed a portion of the credit before the adjudication order, citing relevant circulars and case law to support their position. They contended that the rules do not specify a time limit for utilizing credit on capital goods received and installed in the factory. Additionally, they claimed that penalty imposition was unwarranted due to a mere difference in interpretation of the rules and their proactive communication with the Department.The Commissioner (Appeals) interpreted the rules to conclude that Cenvat credit on capital goods can only be taken in the same financial year if they are used in the manufacture of dutiable goods, which was not the case for the appellant as their finished products were exempted at the time of capital goods receipt. The Commissioner rejected the appellant's arguments, emphasizing the applicability of precedents supporting the Department's stance. The appellant's reliance on certain case laws was deemed inapplicable due to differing factual circumstances. The Commissioner upheld the Order-in-Original based on this interpretation.Given the conflicting views presented by the Department's reliance on a specific case and the appellant's cited case law, the matter was deemed suitable for reference to a Larger Bench for resolution. The issue to be resolved pertains to whether Cenvat credit eligibility should be determined based on the dutiability of the final product at the time of goods receipt or at the time of credit utilization. Furthermore, considering the existence of differing views on the issue, the penalty imposition was deemed unsustainable, in line with precedent.This judgment highlights the complexities surrounding Cenvat credit eligibility on capital goods and the need for clarity on the relevant rules and interpretations to ensure fair application in similar cases.