2021 (12) TMI 1495 - AT - Central Excise

Ammonium Sulphate Deemed Exempt from Rule 6(3) Payment; Appeal Allowed in Favor of Appellant Based on Precedent.

The Appellate Tribunal CESTAT Ahmedabad ruled that the appellant is not required to pay under Rule 6(3) of the Cenvat Credit Rules for the by-product ... Applicability of Rule 6(3) of Cenvat Credit Rules to by-product - By-product arising during manufacture - Precedent of identical tribunal decisionApplicability of Rule 6(3) of Cenvat Credit Rules to by-product - By-product arising during manufacture - Demand under Rule 6(3) of the Cenvat Credit Rules in respect of Ammonium Sulphate treated as a by-product is not sustainable. - HELD THAT: - The Tribunal examined whether Ammonium Sulphate, produced during manufacture of Potassium Cyanides and Sodium Cyanides, is a by-product and whether Rule 6(3) applies to its clearance. The appellant produced technical certificates/opinions establishing that Ammonium Sulphate emerges as a by-product in the course of manufacture; Revenue offered no contrary evidence. The Tribunal relied on its earlier order in the appellant's own case (Order No. A/11905/2016 dated 26.12.2016) and noted that the applicability of Rule 6 to by-products has been settled by higher authority. Applying that precedent to the facts, the Tribunal concluded that Rule 6(3) does not apply to the clearance of the by-product Ammonium Sulphate and the demand under that provision cannot be sustained. [Paras 5, 6]Impugned demand under Rule 6(3) set aside and the appeal allowed.Final Conclusion: The appeal is allowed: Ammonium Sulphate being a by-product arising in the course of manufacture, the demand under Rule 6(3) of the Cenvat Credit Rules is not applicable and the impugned order is set aside. Issues involved: Whether the appellant is required to pay an amount in terms of Rule 6(3) of Cenvat Credit Rules for the by-product Ammonium Sulphate arising during the manufacture of final products Potassium Cyanides and Sodium Cyanides.Analysis:The judgment delivered by the Appellate Tribunal CESTAT AHMEDABAD, under the direction of Hon'ble Mr. Ramesh Nair, Member (Judicial), addresses the issue of whether the appellant is obligated to pay under Rule 6(3) of Cenvat Credit Rules for the by-product Ammonium Sulphate. The appellant argued that a previous order by the Tribunal had ruled in their favor regarding the treatment of Ammonium Sulphate as a by-product, exempting it from Rule 6(3). The Revenue, represented by Shri R. Parekh, opposed this stance. Upon careful consideration of both arguments and a review of the records, the Tribunal examined whether Ammonium Sulphate qualifies as a by-product and if Rule 6(3) is applicable to its clearance. The Tribunal referred to a previous case involving M/s Hindustan Chemical Company, where a similar issue was resolved in favor of the appellant. The Tribunal quoted the previous order, stating that the principle established in that case applied to the present situation, leading to the setting aside of the impugned order and allowing the appeal with consequential relief, if any, as per the law.In light of the precedent set by the Tribunal in a similar case, where Ammonium Sulphate was considered a by-product exempt from Rule 6(3), the Tribunal concluded that the demand under Rule 6(3) was not applicable in the present case. Therefore, the impugned order was set aside, and the appeal was allowed, aligning with the previous decision and providing relief to the appellant. The judgment, dictated and pronounced in open court, solidifies the understanding that Ammonium Sulphate, as a by-product arising during the manufacture of final products, is not subject to the payment obligation under Rule 6(3) of the Cenvat Credit Rules.