2013 (10) TMI 1089 - AT - Central Excise

Tribunal reverses CENVAT credit denial, grants waiver and stay during appeal process

M/s. Kancor Colours Ltd. Versus CCE. -Bangalore-II

The Tribunal ruled in favor of the appellant, finding merit in their argument that chilli seeds emerge before the manufacturing process of oleoresin, ... Reversal of CENVAT credit – Waiver of Pre-deposit - Whether the appellant is required to pay 5%/10% of the value of the chilli seeds which are taken out from the chilli before commencement of manufacture of oleoresin and de oiled cake which emerges after the oleoresin is extracted from chili – Held that:- Chilli seeds emerge before the manufacturing process of oleoresin commences and therefore the appellant may not be required to reverse input credit - As regards the input service, the appellant has already reversed the proportionate amount of CENVAT credit –Following Rallies India Ltd. vs. UOI [2008 (12) TMI 46 - HIGH COURT BOMBAY] - As regards de oiled cakes, there is no dispute that it is a waste or by-product which emerges during the course of manufacture of oleoresin and it cannot be avoided - As regards the credit of Rs.3 lakhs, in any case the credit was available to the appellant - the amount already reversed by the appellant is sufficient and therefore, there shall be waiver of pre-deposit and stay against recovery during the pendency of appeal - Stay granted. Issues involved: Whether appellant is required to pay 5%/10% of the value of chilli seeds before the manufacture of oleoresin and de oiled cake; Admissibility of CENVAT credit on exempted products; Reversal of input credit on chilli seeds and de oiled cake; Demand of Rs.3 lakh on final products obtained from sister unit.Analysis:1. The appellant argued that chilli seeds emerge before the process of manufacturing oleoresin, thus no input credit should be attributed to them. Input services were used in the manufacture of chilli seeds, and the appellant had already reversed the proportionate CENVAT credit of service tax paid on input services. The de oiled cake was considered waste, following a decision by the Bombay High Court. Additionally, a demand of Rs.3 lakh was made based on final products obtained from a sister unit. The appellant contended that the goods were repacked and exported, complying with Rule 16 of Central Excise Rules, 2002.2. The learned Additional Commissioner relied on a Supreme Court decision to argue that CENVAT credit is not admissible for duty paid on inputs used in the manufacture of exempted products. Since chilli seeds and de oiled cakes are not subject to excise duty, the CENVAT credit availed was deemed incorrect, leading to a requirement for the appellant to pay 5%/10% on the value of exempted goods.3. The Tribunal considered both arguments and found merit in the appellant's submissions regarding the emergence of chilli seeds before the manufacturing process of oleoresin. The appellant had already reversed the proportionate CENVAT credit on input services. The de oiled cake was acknowledged as a by-product unavoidable in the manufacturing process. The Tribunal agreed that the decision in the Rallies India Ltd. case applied to both chilli seeds and de oiled cakes. Regarding the Rs.3 lakh credit demand, it was determined that the appellant was entitled to the credit, especially since the goods were exported, leading to a waiver of pre-deposit and a stay against recovery during the appeal process.