2024 (6) TMI 1524 - AT - Central Excise

CENVAT credit on Maaza PET capital goods upheld as goods dutiable, Rule 6(4) remand overreach reversed

CESTAT Ahmedabad allowed the appeal, holding the appellant entitled to CENVAT credit on capital goods under Rule 6(4) of the CENVAT Credit Rules, 2004. It ... Entitlement for CENVAT Credit on capital goods - capital goods were received on date when the finished goods to be manufactured (Maza fruit pulp juice) was exempted whereas at the time of commencement of the production on such capital goods, the same final product became dutiable - HELD THAT:- The Adjudicating Authority was having limited scope to verify the date of commencement production and the status of exemption or dutiable of the said goods as on date of production. Therefore, the order of the Adjudicating Authority in the remand proceeding visiting to the legal issue is absolutely illegal and incorrect particularly for the reason that the revenue has not challenged the views taken by this Tribunal in the order dated 08.03.2022. Having said so, now the fact is examined for which the matter was remanded. It is found that the appellant in their daily production record first time shown production of Maaza pet 600 ML bottles on 29.03.2011 before that in the months of January and February, 2011, the production of Maaza RGB was shown as goods produced which are not manufactured on the capital goods in question as the capital goods in the present case are meant for production of Maaza in PET bottles. Therefore, it is quite evident from the records produced by the appellant that the goods were manufactured on the capital goods meant for manufacture of Maaza pet bottle only from 29.03.2011 on that date the finished goods was admittedly dutiable as the exemption earlier provided for such final product was done away. The appellant are legally entitled for the CENVAT Credit on the capital goods in terms of provision Rule 6(4) of CENVAT Credit Rules, 2004. The impugned order is set aside - Appeal allowed. 1. ISSUES PRESENTED AND CONSIDERED 1.1 Whether CENVAT credit on capital goods is admissible where such capital goods were received during a period when the intended final products were exempt, but were first put to use only after the final products became dutiable, in light of Rule 6(4) of the CENVAT Credit Rules, 2004. 1.2 Whether, in the remand proceedings, the adjudicating authority was bound by the Appellate Tribunal's earlier legal finding that the relevant date for applying Rule 6(4) is the date of commencement of production on the capital goods and not the date of their receipt, and whether the authority exceeded the limited scope of remand. 1.3 On the facts, whether the capital goods in question were ever used 'exclusively' for manufacture of exempted goods so as to attract the bar under Rule 6(4) of the CENVAT Credit Rules, 2004. 2. ISSUE-WISE DETAILED ANALYSIS Issue 1 - Admissibility of CENVAT credit on capital goods received during exemption period but used after final products became dutiable Legal framework 2.1 The judgment discusses Rule 6(4) of the CENVAT Credit Rules, 2004, which stipulates that no CENVAT credit shall be allowed on capital goods which are used exclusively in the manufacture of exempted goods or in providing exempted services. Interpretation and reasoning 2.2 The Tribunal reiterates its earlier finding (in the prior round between the same parties) that, for purposes of Rule 6(4), the relevant point of time is when the capital goods are first put to use for manufacture, not the date of their receipt in the factory. 2.3 The Tribunal reasons that Rule 6(4) turns on the expression 'used exclusively in the manufacture of exempted goods.' If capital goods, though received and installed during exemption, were not actually used to manufacture any exempted goods, they cannot be regarded as used 'exclusively' for exempted goods. 2.4 It is emphasized that the statutory focus is on the use of capital goods in relation to the dutiable or exempted status of the final products at the time of production, and not on the status of those products when the capital goods are merely received or installed. 2.5 Earlier decisions relied upon by the revenue, in which capital goods were in fact used for substantial periods to manufacture exempted goods before the final products later became dutiable, are distinguished on facts. In those cases, at the time of commencement of use, the capital goods were actually being used to manufacture exempted products, unlike in the present matter. Conclusions 2.6 The Tribunal holds that where capital goods are first put to use only after the final products have become dutiable, Rule 6(4) does not bar CENVAT credit merely because the goods were received during an earlier period when the final products were exempt. 2.7 Accordingly, the Tribunal concludes that the appellant is legally entitled to CENVAT credit on the capital goods under Rule 6(4) of the CENVAT Credit Rules, 2004. Issue 2 - Scope of remand and conduct of the adjudicating authority Legal framework 2.8 The Tribunal's earlier remand order had already decided the legal issue as to the relevant date for determining eligibility under Rule 6(4), and remanded the matter only for the limited factual verification of: (i) the date of commencement of production on the capital goods, and (ii) whether, on that date, the final products were dutiable or exempt. Interpretation and reasoning 2.9 The Tribunal notes that its earlier order clearly settled the legal position that the eligibility of CENVAT credit on capital goods is to be reckoned with reference to the date when production on those capital goods commenced. 2.10 The Tribunal observes that the revenue did not challenge this earlier legal finding; hence, it had attained finality and was binding on the adjudicating authority in the remand proceedings. 2.11 It is found that the adjudicating authority, instead of confining itself to the limited factual verification mandated, revisited and reargued the legal issue, relied on additional case law on that legal point, and again denied the credit. This is held to be beyond the scope of remand and therefore legally impermissible. Conclusions 2.12 The Tribunal holds that the adjudicating authority acted in excess of jurisdiction by reopening the settled legal issue, and that its order on remand is 'absolutely illegal and incorrect' to that extent. 2.13 The Tribunal proceeds to decide the matter applying its earlier legal view and confines itself to the factual verification originally directed. Issue 3 - Factual determination whether capital goods were ever used 'exclusively' for exempted goods Interpretation and reasoning 2.14 The Tribunal examines the daily production records produced by the appellant and notes that the first production on the new capital goods (PET bottling line) was of 'Maaza' PET 600 ml bottles, recorded on 29.03.2011. 2.15 It is observed that prior to January-February 2011, the appellant's production records reflected 'Maaza RGB' (glass bottles), which were not manufactured using the capital goods in question; those capital goods were specifically meant for production of 'Maaza' and related products in PET bottles. 2.16 Based on the records, the Tribunal finds that the capital goods in issue were not used at all for production before 14.03.2011 (trial run) and commercial production on those capital goods commenced on 29.03.2011. By that date, the relevant final products had become dutiable, as the earlier exemption had been withdrawn with effect from 01.03.2011. 2.17 On these facts, the Tribunal holds that the capital goods were never used 'exclusively' for manufacture of exempted goods; indeed, they were not used to manufacture any exempted goods at all. 2.18 In light of this factual finding, all contrary contentions and case law relied upon by the revenue are held to be distinguishable and inapplicable. Conclusions 2.19 The Tribunal concludes that the condition in Rule 6(4) barring CENVAT credit on capital goods used exclusively for exempted goods is not attracted in the present case. 2.20 The impugned order confirming demand, interest, and penalty is set aside, and the appeal is allowed with consequential relief in accordance with law.