2018 (1) TMI 1595 - AT - Central Excise

Assessee's appeal allowed on duty imposition for exempted goods due to Cenvat Credit issues

M/s Prosafe International Pvt. Ltd. Versus CCE, Jaipur-I

M/s Prosafe International Pvt. Ltd. Versus CCE, Jaipur-I - TMI Issues:- Appeal against Order-in-Original No. 5/2013(CE) dated 14.02.2013 passed by the Commissioner of Central Excise, Jaipur-I for the period 2007-08 to November, 2011.- Cenvat Credit of common input services not reversed leading to imposition of duty on exempted goods.- Dispute regarding the reversal of Cenvat Credit and amount reversed by the assessee-Appellants.Analysis:The appeal before the Appellate Tribunal CESTAT, Principal Bench, New Delhi was filed by the assessee-Appellants challenging the Order-in-Original passed by the Commissioner of Central Excise, Jaipur-I. The case revolved around the period from 2007-08 to November 2011, during which the assessee-Appellants were involved in the manufacture of safety shoes, hand gloves, and work wears. While hand gloves and work wears were exempted, safety shoes were subject to Central Excise Duty. The issue arose as the assessee-Appellants had taken Cenvat Credit of common input services but failed to reverse the required percentage of the credit in accordance with Rule 6(3) of the Cenvat Credit Rules.During the proceedings, it was noted that the total Cenvat Credit in respect of common input services taken by the assessee-Appellants was not fully reversed, with only an amount of Rs. 80,006 being reversed. The counsel for the assessee-Appellants contended that the entire amount had indeed been reversed, contrary to the findings of the adjudicating authority. In light of this discrepancy, the Tribunal set aside the impugned order and remanded the matter back to the original authority for a fresh decision. The Tribunal directed the original authority to provide a reasonable opportunity to the assessee-Appellants to present their case and submit additional documents if necessary, as per the law.Ultimately, the appeal filed by the assessee-Appellants was allowed by way of remand, signifying a partial success for the appellants in challenging the imposition of duty on exempted goods due to the non-reversal of Cenvat Credit. The judgment emphasized the importance of proper documentation and compliance with Cenvat Credit Rules to avoid such disputes and highlighted the right of the appellants to present their case effectively before the authorities.