Tribunal grants appellant CENVAT Credit for combo-package manufacturing, upholding tax benefits.

M/s. TTK Prestige Ltd. Versus The Commissioner of G.S.T. & Central Excise, Coimbatore Commissionerate

M/s. TTK Prestige Ltd. Versus The Commissioner of G.S.T. & Central Excise, Coimbatore Commissionerate - TMI Issues:
1. Whether the appellant is eligible to avail CENVAT Credit on common inputs and input services used for manufacturing a combo-package containing a pressure cooker and TawaRs.
2. Whether the activity of supplying job worked goods to the principal manufacturer and subsequent clearance of the finished product constitutes a trading activityRs.
3. Whether the appellant is required to maintain separate accounts for availing CENVAT Credit under Rule 6 of the CENVAT Credit Rules, 2004Rs.

Analysis:

Issue 1:
The appellant availed CENVAT Credit on common inputs and input services used for manufacturing a combo-package containing a pressure cooker and Tawa. The Department alleged that clearing Tawas without duty payment was a trading activity, making the credit irregular. The Original Authority and Commissioner (Appeals) upheld the demand. The appellant argued that the Tawa was manufactured by a job worker, and the combo-package's MRP only indicated the pressure cooker's price, as the Tawa was free. The appellant correctly discharged excise duty on the combo-pack, and the demand was based on Tawa's duty-free clearance, not the pressure cooker. The appellant's credit availing was proper.

Issue 2:
The Department contended that the activity of supplying job worked goods and clearing the finished product was trading, requiring separate accounts. However, the Tribunal found that the appellant supplied raw materials for Tawa to the job worker, who paid duty, and the finished product's assessable value included these elements. Thus, the activity did not constitute trading, and maintaining separate accounts was unnecessary as per Rule 6 of the CENVAT Credit Rules, 2004.

Issue 3:
The Tribunal referenced a similar case where items supplied with the final product for sales promotion were considered inputs eligible for credit. Considering this precedent and the facts of the case, the Tribunal set aside the impugned order, allowing the appeal with consequential reliefs. The judgment emphasized the essence of the CENVAT scheme to avoid tax cascading and upheld the appellant's right to avail CENVAT Credit on inputs used in manufacturing the combo-package.

In conclusion, the Tribunal ruled in favor of the appellant, allowing the appeal and providing necessary reliefs as per law.