2013 (8) TMI 793 - AT - Central Excise

Tribunal allows cenvat credit for captively consumed molasses despite duty payment on exempted products

The Tribunal upheld the payment of 8% duty on exempted products under Rule 57 CC but allowed the appellant to claim cenvat credit for duty paid on ... Benefit of notification no.67/95-C - Cenvat credit on the captively consumed molasses - Held that:- since the molasses were being used for exempted as also for dutiable products, the appellant was liable to pay 8% of the value and the exempted final products in terms of Rule 57CC. As such, their refund claim of Rs.14,10,236/- is not called for. However, as they were availing the credit of duty paid on the purchased molasses, they were also entitled to the credit of duty paid on the captively consumed molasses. - the cenvat credit of duty paid on the captively consumed molasses would be available to them. - Decided partly in favor of assessee. Issues:1. Interpretation of Rule 57 CC of erstwhile Central Excise Rules regarding payment of duty on exempted products.2. Entitlement to refund of 8% on exempted final products and cenvat credit on captively consumed molasses.3. Rejection of refund and cenvat credit claims by lower authorities.Analysis:1. The appellant, engaged in manufacturing denatured and un-denatured ethyl alcohol, used both purchased and captively originated molasses as raw material. They paid duty on purchased molasses and claimed cenvat credit. Revenue disputed the benefit of captive consumption notification for molasses originating from the appellant's factory used in manufacturing exempted products. Appellate Tribunal found the appellant liable to pay 8% on the value of exempted products under Rule 57 CC due to the dual use of molasses.2. The Revenue demanded payment for captively consumed molasses, leading to a refund claim of 8% on exempted products and an alternative cenvat credit claim by the appellant. Lower authorities rejected both claims, citing lack of prior cenvat credit claim for captively consumed molasses. The Tribunal disagreed with this assessment, acknowledging the appellant's alternative claim recorded in the original order. It deemed the appellant entitled to cenvat credit for duty paid on captively consumed molasses, allowing them to utilize the credit and directing the necessary entry in their account.3. The Tribunal clarified that while the refund claim for exempted products was not justified, the appellant could avail the cenvat credit for captively consumed molasses. The decision upheld the payment of 8% on exempted products under Rule 57 CC but granted relief by allowing the cenvat credit claim. The appeal was disposed of in favor of the appellant, ensuring the correct application of duty payment rules and cenvat credit entitlement.