2017 (4) TMI 1343 - AT - Central Excise

Tribunal allows appeal on Cenvat credit for effluent disposal as integral manufacturing service.

The Tribunal allowed the appeal, ruling in favor of the appellant, who had wrongly availed Cenvat credit on services for effluent disposal. The Tribunal ... CENVAT credit - input services - treatment and disposal of effluent water, generated during the course of manufacture - Held that: - the disposal of industrial effluents are vital in safeguarding the environment and the appellant had availed the services of an independent agency to dispose of the effluents which arise from the manufacturing process and therefore the same is integrally connected with the manufacturing process and therefore fall in the definition of input services - credit allowed - appeal allowed - decided in favor of appellant. Issues: Appeal against rejection of Cenvat credit on services for effluent disposal.Analysis:1. Issue of Incorrect Cenvat Credit Availment: The case involved the appellant, registered under Central Excise for manufacturing electrical switch gears, wrongly availing Cenvat credit on services for effluent water treatment and disposal. The audit revealed irregular Cenvat credit utilization amounting to Rs. 4,08,799 from July 2011 to December 2012, contravening Cenvat Credit Rules, 2004. A show cause notice was issued, leading to the demand for recovery, interest, and penalty in the impugned order.2. Legal Arguments and Commissioner's Decision: The appellant contended that the impugned order overlooked the definition of input service under Section 2(1) of Cenvat Credit Rules, 2004. They emphasized that effluent management was an integral part of their manufacturing process, complying with environmental regulations. The Commissioner (Appeals) upheld the order-in-original, deeming effluent disposal as post-manufacture activity, not related to the manufacturing process.3. Tribunal's Analysis and Decision: Upon hearing both parties and reviewing the case, the Tribunal found the impugned order legally unsustainable. Recognizing the importance of effluent disposal in environmental protection and its integral connection to manufacturing, the Tribunal ruled in favor of the appellant. The disposal services provided by an external agency were deemed part of the manufacturing process, falling within the definition of input services under Cenvat Credit Rules, 2004. Consequently, the appeal was allowed, granting the appellant relief as deemed appropriate.This judgment highlights the significance of interpreting statutory provisions in line with the practical aspects of industrial operations, emphasizing environmental protection and regulatory compliance within the manufacturing framework.