2012 (10) TMI 587 - AT - Central Excise

Tribunal grants CENVAT credit on defective goods return, manufacturer's appeal upheld

The Tribunal allowed the appeal, setting aside the impugned order that denied the appellant's entitlement to CENVAT credit on goods returned as defective ... Cenvat credit - goods were cleared on payment of duty. Later on, the goods cleared by the appellant were returned by their customers as defective - Held that:- Appellant is entitled to take credit of duty paid by him at the time of clearance of the goods received back by him as defective - no time limit under Rule 16 - As the appellant are entitled to take credit as per Rule 16 of the Central Excise Rules 2002, therefore, they have taken credit correctly - appeal is allowed Issues:1. Entitlement to CENVAT credit on goods returned as defective under Rule 16 of the Central Excise Rules, 2002.Analysis:The appellant, a manufacturer of steel tubes and components, cleared goods that were later returned by customers as defective. The appellant repaired some goods and sold others as scrap. The appellant availed CENVAT credit on the scrap goods under Rule 16 of the Central Excise Rules, 2002. A show cause notice was issued for demanding duty on this credit. Both lower authorities confirmed the duty, interest, and penalty, leading to the appeal.The appellant argued that Rule 16 allows them to take credit on defective goods received back in their factory without a prescribed time limit. The denial of credit was deemed improper, and the impugned order was challenged for setting aside.The opposing view contended that Rule 16 requires immediate credit on goods received back in the factory, which the appellant did not take at the time of receipt. Hence, they were not entitled to credit at a later stage.Upon review, it was established that the key issue revolved around the timing of entitlement to credit on goods returned as defective under Rule 16. The Tribunal analyzed Rule 16, which permits the assessee to take CENVAT credit on duty paid at the time of clearance for goods received back as defective without specifying a time limit. Consequently, the contention opposing the appellant's credit entitlement was deemed unacceptable.As a result of the analysis, the impugned order was set aside, and the appeal was allowed with any consequential relief. The stay application was disposed of accordingly.