2017 (10) TMI 434 - AT - Central Excise

Tribunal Allows Manufacturer to Retain Cenvat Credit for Cleared Defective Goods

M/s J.K. Files (India) Ltd. Versus CCE & ST, Bhopal

M/s J.K. Files (India) Ltd. Versus CCE & ST, Bhopal - TMI Issues:Appeal against denial of Cenvat credit under Rule 16(1) of Central Excise Rules 2002.Analysis:The appellant, a manufacturer of files and rasps, cleared defective goods to their sister unit, which were returned as scrap. The Revenue demanded reversal of Cenvat credit under Rule 3(5) of Cenvat Credit Rules, 2004. The consultant argued that since the goods were cleared as scrap on payment of duty, Rule 16(2) conditions were met. The AR contended that the goods were not processed and hence credit reversal was required. The Tribunal noted that the goods were tested, found to be scrap, and cleared on payment of duty, not as such without duty. Referring to the Tube Products of India case, the Tribunal analyzed Rule 16(1) and (2) which allow credit on returned goods subject to certain conditions. The Tribunal emphasized that if no process amounting to manufacture was carried out on the returned goods, duty payment was sufficient, as in this case. The Tribunal cited previous decisions supporting this interpretation and ruled in favor of the appellant, setting aside the demand for credit reversal. The impugned orders were overturned, and the appeals allowed.This detailed analysis of the judgment highlights the key arguments presented by both parties, the Tribunal's interpretation of relevant rules, and the application of precedent cases to reach a decision in favor of the appellant regarding the denial of Cenvat credit under Rule 16(1) of the Central Excise Rules 2002.