2013 (11) TMI 1111 - AT - Central Excise

Tribunal Upholds Recovery of Irregular Cenvat Credit | Pre-deposit Required | Compliance with Rules

The Tribunal upheld the demand for recovery of irregular Cenvat credit due to unauthorized utilization on unrelated items. The applicant was directed to ... Cenvat credit on goods not related with the final product – Items qualified as Imputs or not as per Rule 2 (k) of CENVAT Credit Rules, 2004 – Waiver of Pre-deposit – Held that:- The circumstances under which duty paid goods were brought in and cleared are not cleared - Credit was taken on totally unrelated items which cannot be permissible under the provisions of Cenvat Credit Rules , 2004 - The issue would be dealt with in detail in final hearing of appeal – applicant directed to make a pre-deposit of Rupees Two lakhs – upon such submission rest of the duty to be waived till the disposal – Partial stay granted. Issues: Cenvat credit eligibility on imported items, unauthorized utilization of credit, pre-deposit requirement for appeal.Analysis:1. Cenvat Credit Eligibility: The case involved the question of whether the applicant could avail Cenvat credit on imported V belts and locally procured pulleys, which were not directly related to the final products manufactured. The Revenue contended that these items did not qualify as 'inputs' under Rule 2(k) of the CENVAT Credit Rules, 2004. The Commissioner (Appeals) upheld the demand for recovery of irregular Cenvat credit. The applicant argued that they used these items for testing purposes and reversed the credit when goods were removed from the factory, ensuring no loss of revenue to the government. The Tribunal noted that the credit was taken on unrelated items, which was impermissible under the Cenvat Credit Rules. The issue was to be further examined in the final hearing of the appeal.2. Unauthorized Credit Utilization: The Revenue argued that the applicant's utilization of Cenvat credit on traded items within the factory premises constituted unauthorized utilization of ineligible credit. They contended that since the credit was taken and used while the goods were within the factory, it amounted to unauthorized utilization of credit on goods that did not qualify as inputs. The Tribunal directed the applicant to make a pre-deposit of Rs.2,00,000 within six weeks, while waiving the pre-deposit of the balance dues for the appeal's admission, with the collection stayed during the appeal's pendency.3. Pre-deposit Requirement: The Tribunal's decision included a pre-deposit requirement of Rs.2,00,000 for the appeal to be admitted, with the balance dues arising from the impugned order waived subject to the pre-deposit. The compliance deadline was set for a specific date, and the collection of the balance dues was stayed during the appeal's pendency. This pre-deposit condition was imposed to ensure a financial commitment from the applicant while allowing the appeal to proceed.In conclusion, the judgment addressed the issues of Cenvat credit eligibility on non-related items, unauthorized credit utilization, and the pre-deposit requirement for appeal admission. The Tribunal directed the applicant to make a pre-deposit, while waiving the balance dues for the appeal's admission and staying their collection during the appeal process. The decision highlighted the importance of complying with Cenvat Credit Rules and ensuring proper utilization of credit on eligible inputs to avoid irregularities and unauthorized utilization.