2007 (4) TMI 102 - AT - Central Excise

Manufacturers allowed full duty credit on capital goods in the second year under Cenvat Credit Rules

The Tribunal held that under Rule 4(2)(a) of the Cenvat Credit Rules, 2002, a manufacturer can avail only 50% of the duty credit on capital goods in the ... Cenvat/Modvat - Capital goods - As per Rule 4(2)(b) no restriction regarding utilization of cenvat credit - Appellant can utilize the whole credit in the next year Issues:Interpretation of Rule 4(2)(a) and Rule 4(2)(b) of the Cenvat Credit Rules, 2002 regarding the restriction on availing credit on duty paid on capital goods.Analysis:The case involved a dispute where the appellants received capital goods in their factory in two different years and started production after crossing the small scale exemption limit. The lower appellate authority restricted the credit of duty paid on capital goods to 50%, leading to the appeal. The ld. DR supported the lower appellate authority's decision, citing Rule 4(2)(a) of the Cenvat Credit Rules, 2002, which limits the credit to 50% of the duty paid on capital goods in the first year. Additionally, the DR argued that Rule 4(2)(b) allows the balance 50% credit to be taken in the subsequent year.During the hearing, the advocate for the appellants presented their case. The Tribunal analyzed the intention behind Rule 4(2)(a) and clarified that it restricts a manufacturer from availing the entire duty credit in the first year, limiting it to 50%. However, there is no restriction on the percentage of credit that can be taken in the second year under Rule 4(2)(b). The Tribunal provided an example to illustrate this point, stating that if a manufacturer avails 30% of the credit in the first year, they can take the balance 70% in the second year.In this case, the Tribunal noted that the appellants could not utilize any credit in the first year due to machinery installation and production commencement delays. Therefore, in the absence of any specific restriction on utilizing the balance credit in the second year under Rule 4(2)(b), the appellants were entitled to avail the entire credit of duty paid on capital goods in the second year. Consequently, the Tribunal set aside the impugned order and allowed the appeal, granting consequential benefits to the appellants.