2012 (12) TMI 708 - AT - Central Excise

Tribunal rules in favor of appellant on duty demand and CENVAT credit dispute

Sealed Air India (P) Ltd. Versus Commissioner of Central Excise

Sealed Air India (P) Ltd. Versus Commissioner of Central Excise - TMI Issues:1. Duty demand on finished goods transferred to new premises2. CENVAT credit on common input servicesAnalysis:Issue 1: Duty demand on finished goods transferred to new premisesThe appellant shifted their factory to a new premises and transferred finished goods from the old premises by raising invoices and paying duty. However, they did not promptly record the receipt of these goods in the new factory's records, leading to a demand of approximately Rs.7.49 lakhs. Additionally, there was a demand of Rs.2,19,336 for taking CENVAT credit related to input services common to trading and manufacturing activities. The original authority confirmed a total demand of Rs.9,69,221 along with interest and penalty, which was upheld by the Commissioner (Appeals).Analysis of Submissions:The appellant argued that the transfer of finished goods from old to new premises, followed by packing and clearance after payment of duty using CENVAT credit, constituted a revenue-neutral exercise. They contended that any violation was procedural. Regarding the credit on common input services, the appellant relied on a Stay Order in a similar case and sought waiver of the demand.Tribunal's Decision:After considering both sides and reviewing the records, the Tribunal found that the appellant had indeed disposed of the goods to customers after proper packing and payment of duty using CENVAT credit. Therefore, the Tribunal found a prima facie case in favor of the appellant on this issue. Additionally, the Tribunal noted that the issue of credit on input services was settled in favor of the appellant based on the cited Stay Order. Consequently, the Tribunal decided to waive the predeposit of dues as per the impugned order and stayed the recovery until the appeal's disposal.