2011 (10) TMI 284 - AT - Central Excise

Tribunal rules insurance claim not same as CENVAT credit, sets aside lower decisions.

Total Oil India Pvt. Ltd. Versus CCE Belapur

The Tribunal found the demands for recovery of CENVAT credit on capital goods destroyed in a flood to be unsustainable. It held that there was no ... Cenvat Credit - Goods destroyed in heavy floods, were cleared as waste and scrap - AO demanded proportionate reversal for MODVAT availed - held that:- where the capital goods became waste and scrap by use over time and in case where such goods became waste and scrap because of fire accident, there was no provision for making proportionate reversal of MODVAT credit. Similarly in the case of Tata Advance Materials (2008 -TMI - 34885 - CESTAT, BANGALORE) this Tribunal held that there was no provision for demanding CENVAT credit taken on the capital goods when they were put to use and subsequently destroyed due to fire accident. Thus, there was no provision in the law at the relevant time for reversal of CENVAT credit availed on capital goods if the same were destroyed due to natural calamities. - case decided in favour of assessee. Issues:1. Demand for recovery of CENVAT credit on destroyed capital goods.2. Interpretation of CENVAT Credit Rules, 2004 regarding reversal of credit in case of natural calamities.3. Treatment of insurance claim received for damaged goods as consideration for the goods.4. Quantification of CENVAT credit reversal based on depreciation method.5. Applicability of relevant case laws in determining CENVAT credit reversal.Analysis:1. The case involved a demand for recovery of CENVAT credit on capital goods destroyed in a flood. The appellant had received an insurance claim for the damaged goods, and the jurisdictional authorities sought to recover the CENVAT credit availed on the depreciated value of the capital goods. The Asst. Commissioner disallowed the credit under Rule 14 of the CENVAT Credit Rules, 2004, leading to an appeal before the Commissioner of Central Excise (Appeals).2. The key issue revolved around the interpretation of the CENVAT Credit Rules, 2004 concerning the reversal of credit in cases of natural calamities. The appellant argued that there was no provision for credit reversal when capital goods are lost due to events like floods. They relied on precedents where the Tribunal held that no reversal was required in such circumstances.3. Another aspect of the case was the treatment of the insurance claim received for the damaged goods. The appellate authority considered the insurance amount as the consideration for the capital goods and calculated the demand based on this amount. However, the Tribunal precedent highlighted that insurance compensation should not be equated to the value of goods sold as waste and scrap.4. The quantification of the CENVAT credit reversal was also contested. The Asst. Commissioner used the depreciation method to arrive at the value, while the appellant argued against this approach. The Tribunal noted that the relevant rules did not provide for such depreciation-based calculations at the time of the incident, rendering the authorities' quantification unsustainable.5. The Tribunal extensively referenced previous judgments to support its decision. It cited cases where it was held that there was no provision for demanding CENVAT credit reversal on capital goods destroyed due to natural calamities or accidents. These precedents played a crucial role in determining the outcome of the appeal.In conclusion, the Tribunal found the demands confirmed by the lower authorities to be unsustainable in law and set them aside. The appeal was allowed with consequential relief, and the stay application was disposed of accordingly.