2025 (10) TMI 1035 - AT - Central Excise

CENVAT credit allowed for CVD on imported steam coal; Rule 3 limits domestic coal only, disallowance quashed under Rule 15(2)/s.11AC

M/s. Rungta Mines Limited Versus Commissioner of C.G.S.T. and Central Excise, Jharkhand

CESTAT Kolkata-AT held that CENVAT credit of CVD paid on imported steam coal is admissible because Rule 3 restriction applies to domestically procured ... Disallowance of CENVAT Credit - import of Steam Coal from outside the territory of India on payment of concessional CVD under Section 3 of the Customs Tariff Act, 1975 - denial of credit on the ground that Rule 3 of the CENVAT Credit Rules, 2004, imposes restrictions on availment of CENVAT Credit is in respect of concessional rate of Central Excise Duty paid under Central Excise Tariff Notification No.1/2011-C.E. dated 01-03-2011 and under Sl.No.67 of Central Excise Notification No.12/2012- C.E dated 17-03-2012, as amended - extended period of limitation - HELD THAT:- It is observed that the said restriction imposed by Rule 3 is applicable only when coal is procured from domestic manufacturer/producers and not in respect of imported coal by availing the concessional rate of CVD in terms of Customs Tariff Notification No.12/2012-Cus dated 17-03-2012, as amended, as has been claimed by the appellant in this case. In these facts and circumstances, the appellant have not erred in law while claiming CENVAT Credit of CVD paid on imported Coal. Thus, the conditions of not claiming CENVAT Credit under proviso to Rule 3(1)(i) read with Rule 2(d) of the CENVAT Credit Rules, 2004 has no application to the instant case. The issue is no longer res integra, as, under similar facts and circumstances, CENVAT credit has been allowed by Tribunals and Courts on the issue. It is apt to refer to the decision of the Hon’ble High Court at Calcutta in the case of Commissioner of CGST Versus M/s. Shyam Steel Industries Limited [2021 (12) TMI 956 - CESTAT KOLKATA], wherein it has been held that 'taking into consideration Notification No. 12/2012-Cus. there is no bar for availment of Cenvat credit in terms of the Rule 3(7) where duty paid under Notification No. 12/2012-Cus. and Cenvat credit cannot be denied.' The appellant is eligible to avail the CENVAT Credit of the CVD paid by them on imported coal. Accordingly, the disallowance of CENVAT Credit to the appellant under section 14 of the CENVAT Credit Rules, 2004, along with the demand of interest, in the impugned order is not sustainable and hence the same is set aside. As there is no irregularity in availing the credit, no penalty is imposable on the appellant; hence the penalty, equal to the amount of credit disallowed, as imposed on the appellant under Rule 15(2) of the said Rules, read with Section 11AC of the Central excise Act, 1944 also set aside. Invocation of extended period of limitation - HELD THAT:- The dispute in the instant case relates to pure interpretation of statute and the appellant has claimed CVD under the bona fide belief that they are entitled to avail the credit of CVD paid on the imported coal. Thus, it is evident that there was no intention to avail irregular credit on the part of the appellant. Therefore, the extended period cannot be invoked in this case to disallow the credit. The impugned order is set aside - appeal allowed. ISSUES PRESENTED AND CONSIDERED 1. Whether CENVAT credit of Countervailing Duty (CVD) paid at concessional rates under the Customs Tariff Notification on imported coal is admissible under the CENVAT Credit Rules, 2004. 2. Whether the proviso to Rule 3(1)(i) (and related restrictions) of the CENVAT Credit Rules, 2004, which denies credit where benefit of certain Central Excise notifications is availed, applies to CVD paid under Customs Tariff Notifications on imported coal. 3. Whether the extended period of limitation (invocation of extended time for issuance of show-cause notice) is permissible where the issue is one of statutory interpretation and the assessee claimed credit bona fide. 4. Whether penalty under Rule 15(2) read with Section 11AC is sustainable where CENVAT credit availed on imported coal is held to be allowable and there is no irregularity or mala fide intent. ISSUE-WISE DETAILED ANALYSIS Issue 1 - Admissibility of CENVAT credit of CVD paid on imported coal Legal framework: Rule 3 of the CENVAT Credit Rules, 2004 (notably sub-rules (1)(i) and (1)(vii)) governs admissibility of credit of excise duty and additional duty leviable under section 3 of the Customs Tariff Act (CVD) as being 'equivalent' to excise duty where applicable. Central Excise Notifications and Customs Tariff Notifications separately prescribe reduced/ concessional rates for coal. Precedent treatment: Multiple tribunal and High Court decisions (reproduced and relied upon in the judgment) have held that CVD paid under the Customs Notification on imported coal is not barred by the proviso applicable to certain Central Excise Notifications addressing domestically manufactured coal. Decisions of Tribunals and a High Court were cited to support admissibility. Interpretation and reasoning: The Court distinguished the scope of Customs Tariff Notifications (applicable to imports) from Central Excise Notifications (applicable to domestic manufacture). The proviso restricting credit for goods covered by specified Serial Nos. of the Excise Notification was held to apply only to domestically manufactured goods; it does not automatically operate to bar credit where CVD is paid on imported coal under a Customs Notification. The Court observed that Rule 3(1)(vii) expressly entitles credit of additional duty under Section 3 (i.e., CVD) and that conditions in proviso to Rule 3(1)(i) cannot be implied into or imported into Rule 3(1)(vii) where the statutory and notification texts differ. The Court further relied on consistent tribunal precedents and advisory committee minutes that reached the same conclusion. Ratio vs. Obiter: Ratio - CENVAT credit of CVD paid on imported coal under the Customs Tariff Notification is admissible under Rule 3(1)(vii) and is not barred by the proviso to Rule 3(1)(i) which concerns benefits under specific Central Excise Notifications applicable to domestically manufactured coal. Obiter - textual discussion of the dictionary meaning of 'equivalent' and ancillary policy observations (though relied upon in reasoning) are not necessary to the holding. Conclusion: CENVAT credit of CVD paid at the concessional rate under the Customs Tariff Notification on imported coal is allowable; disallowance on this ground is unsustainable. Issue 2 - Applicability of proviso to Rule 3(1)(i) to CVD paid under Customs Notification Legal framework: Proviso to Rule 3(1)(i) denies credit where benefit of specific Central Excise Notifications is availed; Rule 3(1)(vii) separately permits credit of additional duty under the Customs Tariff Act 'equivalent' to excise duty. Precedent treatment: Tribunals and courts (including decisions reproduced in the judgment) have consistently held that the proviso to Rule 3(1)(i) cannot be read down to capture CVD paid under a Customs Notification, since the proviso refers to excise notifications applicable to indigenous manufacture and the Customs notification regulates imports. Interpretation and reasoning: The Court emphasised textual and contextual interpretation: Customs and Excise notifications operate in distinct domains; a condition in an Excise Notification denying credit for domestically manufactured goods cannot, by implication, be read into a Customs Notification that prescribes concessional CVD on imports. The Court found it impermissible to import conditions from Rule 3(1)(i) into Rule 3(1)(vii) where the statutory language and notifications do not support such an implication. The Court also observed administrative guidance (Regional Advisory Committee minutes) and consistent Tribunal jurisprudence to corroborate the interpretation. Ratio vs. Obiter: Ratio - Proviso to Rule 3(1)(i) does not apply to CVD paid under Customs Tariff Notifications on imported goods; the restriction is confined to excise notifications dealing with domestic manufacture. Obiter - extended commentary on policy consequences and semantic equivalence of duties, beyond the textual distinction, is ancillary. Conclusion: The proviso to Rule 3(1)(i) is inapplicable to concessional CVD under Customs Notification for imported coal; therefore its restriction cannot be used to deny credit of such CVD. Issue 3 - Invokability of extended period of limitation Legal framework: The extended period for issuance of demand/SCN is available where conditions in statute are satisfied (e.g., suppression/contrivance/intent). Section 11A and related limitation provisions govern time bar considerations. Precedent treatment: Tribunal authorities have refused to allow extended limitation where the dispute hinges on bona fide interpretation of statute and credit was claimed in good faith; misapplication of law by the department itself was treated as a reason to deny invocation of extended period. Interpretation and reasoning: The Court found the dispute to be one of pure statutory interpretation and that the appellant had bona fide claimed credit believing entitlement, bolstered by precedent. Because there was no evidence of intention to avail irregular credit or of suppression/ misstatement, the extended period could not be invoked against the appellant. The Court also noted that the Revenue's application of incorrect provisions contributed to the misuse of extended limitation. Ratio vs. Obiter: Ratio - Extended period of limitation is not invokable where the contested claim arises from bona fide statutory interpretation and there is no intent to evade duty; such cases are barred by normal limitation. Obiter - broader observations about administrative practice and policy are incidental. Conclusion: The extended period of limitation cannot be invoked; the demand based on extended limitation is not sustainable. Issue 4 - Sustainability of penalty under Rule 15(2) read with Section 11AC Legal framework: Penalty for contraventions is provided under Rule 15(2) and Section 11AC where there is irregular availment, culpability or intention to evade duty. Precedent treatment: Tribunals have set aside penalties where credit availed was found permissible or where there was no deliberate or fraudulent conduct in claiming credit; bona fide belief and adherence to contemporaneous precedent can negate penalty liability. Interpretation and reasoning: Having held that the CENVAT credit was lawfully claimable and that the appellant acted bona fide in claiming CVD credit on imported coal, the Court concluded there was no irregularity or malafide conduct to attract penal consequences. The Court therefore found the imposition of penalty equal to the credit amount unsupportable. Ratio vs. Obiter: Ratio - Penalty cannot be imposed where availed credit is legitimate and there is absence of intent to avail irregular credit; penalty set aside in such circumstances. Obiter - remarks on quantum or discretionary considerations are incidental. Conclusion: Penalty imposed under Rule 15(2)/Section 11AC is not sustainable and is set aside. Overall Disposition The Tribunal allowed the appeal: CENVAT credit of concessional CVD paid on imported coal is admissible; disallowance, demand of interest and imposition of penalty are set aside; extended period of limitation is not invokable in the circumstances described.