2001 (10) TMI 91 - SC - Central Excise

Whether the Notification No. 95/79 did not have any condition that there should be nexus between the inputs and outputs? Held that - What is exempted is so much of the duty of excise leviable thereon . The expression thereon is referable to excisable goods described in column (5) - known as final products . The extent to which it is exempted is limited to the duty of excise leviable and already paid on the goods of the description specified in column (3) - known as inputs . In other words the duty paid on the inputs is adjusted against the duty payable on the final products manufactured out of the said inputs and the balance only is liable to be paid on the finished products. Thus the excise duty payable on the final products or outputs has inextricable nexus with the duty paid on inputs for which the credit of duty is allowed in accordance with the procedure laid down in Rule 56A. The exemption notification pre-supposes that the duty is otherwise payable on the finished products specified therein. There is no question of applying this notification to the finished products (in this case tyres tubes and flaps) if they are not subjected to any duty. We find it difficult to accept the contention that the omission of clause (ii) of the proviso contained in the earlier Notification No. 95/79 is significant. The omission of provision similar to clause (ii) of the proviso to Notification No. 95/79 does not in our view advance the case of the respondent. Even the words employed in the opening part of the Notification No. 95/83 are sufficient enough to take care of a situation which was provided for expressly in the proviso to Notification No. 95/79. We therefore see no force in this contention. Thus far from coming to the aid of the respondent the view expressed by the Delhi High Court makes it clear that the question of utilising the credit on inputs would arise only where the duty is payable on finished product.

Issues Involved:

1. Interpretation of Notification No. 95/83 regarding proforma credit of duty on inputs.
2. Eligibility for refund of reversed/debited proforma credit.
3. Correlation between inputs and duty-free outputs.
4. Applicability of earlier decisions and notifications.
5. Procedural aspects of claiming credit and refund.
6. Maintainability of appeal under Section 35L(b) of the Central Excise and Salt Act.

Issue-wise Detailed Analysis:

1. Interpretation of Notification No. 95/83 regarding proforma credit of duty on inputs:

The core issue was whether the proforma credit of duty paid on inputs (synthetic rubber, carbon black, and rubber processing chemicals) could be availed when the final products (tyres, tubes, and flaps) were cleared at nil rate of duty. The respondent argued that Notification No. 95/79 (as amended) did not require a link between inputs and outputs for availing credit. However, the Assistant Collector and the Tribunal held that the credit could not be availed if the final products were cleared at nil rate of duty.

2. Eligibility for refund of reversed/debited proforma credit:

The Assistant Collector rejected the respondent's claim for a refund of the reversed/debited proforma credit, stating that the credit was correctly reversed as the final products were cleared at nil rate of duty. The Tribunal upheld this decision, emphasizing that the notification did not require a nexus between inputs and outputs. The Supreme Court, however, interpreted the notification to mean that the credit of duty on inputs could only be availed if the final products were dutiable.

3. Correlation between inputs and duty-free outputs:

The respondent's contention that there need not be a correlation between inputs and duty-free outputs was rejected. The Supreme Court clarified that the notification presupposed that duty was otherwise payable on the finished products. Since the final products were cleared at nil rate of duty, the credit of duty on inputs could not be availed.

4. Applicability of earlier decisions and notifications:

The Supreme Court noted that the earlier Notification No. 95/79 was substantially similar to Notification No. 95/83, except for the omission of a proviso that restricted the extent of exemption to the duty of excise leviable on the final product. The Court held that the omission did not change the requirement that the final products must be dutiable for the credit of duty on inputs to be availed. The Court also distinguished the present case from the decision in H.M.M. Ltd. v. Collector of Central Excise, New Delhi, stating that the issue of correlation did not arise as no duty was payable on the finished products in the present case.

5. Procedural aspects of claiming credit and refund:

The Supreme Court did not delve into the procedural aspects of claiming credit and refund, as the contentions of the parties did not focus on these aspects. The Court noted that the issue was whether the credit of duty on inputs could be availed when the inputs were used in the manufacture of duty-free finished products.

6. Maintainability of appeal under Section 35L(b) of the Central Excise and Salt Act:

The respondent raised a preliminary objection regarding the maintainability of the appeal under Section 35L(b), arguing that no question related to the rate of duty or the value of goods for assessment was involved. The Supreme Court, however, allowed the appeal to be treated as one filed under Article 136 of the Constitution, in the interests of justice and to put an end to the long-standing litigation.

Conclusion:

The Supreme Court allowed the appeal, set aside the impugned order of CEGAT, and held that the respondent could not avail of the credit of duty on inputs used in the manufacture of duty-free finished products. The Court emphasized that the exemption notification could not be stretched to confer unintended benefits and that the credit of duty on inputs was interlinked with the duty payable on final products.

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