2014 (4) TMI 1151 - AT - Central Excise

Tribunal affirms Cenvat Credit on exempted exports, dismissing Revenue's appeal.

The Tribunal upheld the impugned order, affirming the admissibility of Cenvat Credit on exempted final products exported by the respondent. The Tribunal ... Cenvat Credit - Rule 6(1) of the Cenvat Credit Rules, 2004 - Held that: - the respondent company avails Cenvat Credit of the central excise duty paid on inputs and service tax paid on various services used in or in relation to the manufacture of the dutiable as well as exempted final products which have been exported out of India, that in respect of 100% cotton items though fully exempt from duty which had been exported out of India, Cenvat Credit is not required to be reversed in view of the judgement of the Hon’ble Bombay High court in the case of Union of India Vs. Sharp Menthol India Ltd.[ 2011 (4) TMI 27 - BOMBAY HIGH COURT ] - Decided in favor of the assessee. Issues involved:1. Admissibility of Cenvat Credit on exempted final products under Rule 6(1) of the Cenvat Credit Rules, 2004.Detailed Analysis:The case involved a dispute regarding the admissibility of Cenvat Credit on exempted final products under Rule 6(1) of the Cenvat Credit Rules, 2004. The respondent, a manufacturer of various items chargeable to central excise duty, including 100% cotton items, was availing Cenvat Credit on inputs and input services during the period under dispute. The department contended that one of the products, a 100% cotton item attracting nil rate of duty, was to be treated as an exempted good under Rule 2(d) of the Cenvat Credit Rules, 2004. Consequently, the department determined a pro-rata Cenvat Credit amount recoverable from the respondent, leading to the issuance of a show cause notice for recovery and penalty imposition.The Commissioner initially dropped the proceedings against the respondent, citing a judgment of the Himachal Pradesh High Court. However, upon review by the Committee of Chief Commissioners, the Commissioner was directed to appeal to the Tribunal for a correct determination of the issues. The Revenue's appeal argued that Cenvat Credit should not be admissible on inputs or input services used in the manufacture of exempted final products, even if those products were exported. The appellant, on the other hand, relied on judgments of the Bombay High Court and the Himachal Pradesh High Court, asserting that Cenvat Credit need not be reversed for fully exempted final products exported under specific conditions.After hearing both sides and examining the submissions and records, the Tribunal found that the issue had been settled in favor of the respondent by judgments of the Bombay High Court and the Himachal Pradesh High Court. Citing the precedents set by these High Courts, the Tribunal concluded that there was no infirmity in the impugned order and dismissed the Revenue's appeal.In the operative part of the judgment, the Tribunal upheld the impugned order, thereby affirming the admissibility of Cenvat Credit on exempted final products exported by the respondent, in line with the interpretations provided by the High Court judgments referenced during the proceedings.