2025 (6) TMI 1586 - AT - Service Tax

Reversal of the proportionate cenvat credit attributable to exempted goods by the appellant - lapse on the part of the appellant in availing the Cenvat credit and it is reversed only after issue of Show Cause Notice - Rule 6(3A) of Cenvat Credit Rules 2004 - HELD THAT - It is an admitted fact that the appellant had committed an omission by availing the CENVAT credit on exempted goods and when they came to know about such omission they have reversed the credit wrongly availed against the exempted goods along with interest once the department accepted the same there is no reason or justification to invoke the penal provisions and to proceed to confirm the demand. Further Hon ble High Court of Karnataka in the case of CCE Vs. ETA Technology Pvt. Ltd. 2010 (6) TMI 757 - KARNATAKA HIGH COURT has taken note of the amendment and held that the reversal of credit availed would be sufficient and there is no need to pay 8% of the value of exempted goods. Further in the matter of Tata Technologies limited 2016 (1) TMI 972 - CESTAT MUMBAI it was held that once the assessee have filed the declaration though belatedly due to minor procedural lapses substantial benefit cannot be denied. The intention of the legislation is that the assessee should not get undue benefit in the form of CENVAT Credit which is attributable to input services used in providing exempted output service. It is further observed that there is no dispute with regard to the CENVAT Credit reworked by the assessee which is attributable to the exempted goods. Further there is merit in the contention of the assessee that Rule 6 cannot be used as tool to extract the amount which is much beyond the remedial measure and what cannot be collected directly cannot be collected indirectly as well. Following the decision of Hon ble Karnataka High Court in the case CCE Vs. ETA Technology Pvt. Ltd. considering substantive compliance made by the appellant i.e. payment of attributable CENVAT Credit on exempted goods along with interest the substantial benefit cannot be denied. Appeal allowed.

Summary

The core legal question considered in this appeal is whether the reversal of the proportionate Cenvat credit attributable to exempted goods by the appellant under Rule 6(3A) of the Cenvat Credit Rules, 2004 was proper and sufficient to preclude the confirmation of demand, imposition of interest, and penalties.

The appellant manufactures simulators classified under Chapter 8505 of CETA, 1985, attracting a nil rate of duty. Consequently, no duty was paid on these simulators supplied to the Ministry of Defence. The appellant was registered under service tax for certain services but not under Central Excise for the simulators due to the nil duty classification. Alleging wrongful availment and utilization of ineligible Cenvat credit, the department initiated proceedings and confirmed a demand equivalent to 10% of the exempted goods' value along with interest and penalties. On appeal, the matter was remanded for de novo adjudication, which confirmed a reduced demand under Rule 6(3)(ii) of the Cenvat Credit Rules, 2004, along with interest and penalties. The appellant challenged this order before the Tribunal.

The appellant contended that the issue is settled by various precedents and that the demand confirmed was grossly disproportionate to the proportionate credit attributable to exempted goods. Specifically, the appellant had reversed proportionate Cenvat credit of Rs. 16,81,342/- and Rs. 13,69,721/- for financial years 2008-09 and 2009-10 respectively, totaling Rs. 30,51,063/-, whereas the demand was for Rs. 3,45,42,699/-. The appellant argued that under Rule 6(1) of the Cenvat Credit Rules, 2004, credit is disallowed only to the extent used in exempted goods manufacture, and since the reversal was made with interest before the adjudication order, the demand and penalties were unwarranted. The appellant relied on an extensive list of judicial decisions supporting the proposition that reversal of proportionate credit prior to adjudication suffices to negate further demand or penalty.

The department's authorized representative countered that the reversal was made only after issuance of the show cause notice, and the cited case laws pertain to reversals made prior to such notices. Hence, the department argued that the appellant's conduct amounted to a lapse warranting demand confirmation and penalties.

The Tribunal observed that the appellant admitted to the omission in availing Cenvat credit on exempted goods but rectified the error by reversing the credit along with interest once the mistake was discovered. The department accepted this reversal. The Tribunal noted that the Karnataka High Court in the case of CCE Vs. ETA Technology Pvt. Ltd. had held that reversal of credit availed is sufficient and there is no requirement to pay an additional 8% of the exempted goods' value. Similarly, in Tata Technologies Ltd., it was held that minor procedural lapses should not deprive the assessee of substantial benefits once the declaration and reversal are made, even if belatedly. The Tribunal emphasized that the legislative intent is to prevent undue benefit through Cenvat credit attributable to exempted goods or services, not to impose penalties where the credit has been reversed with interest. It further held that Rule 6 cannot be used as a tool to extract amounts beyond the remedial measure directly available under the law.

Applying these principles, the Tribunal concluded that since the appellant had reversed the proportionate Cenvat credit attributable to exempted goods along with interest before adjudication, the imposition of demand and penalties was not justified. The impugned order confirming the demand and penalties was therefore unsustainable and was set aside. The appeal was allowed with consequential relief in accordance with law.

Significant holdings include the following verbatim reasoning: "once the appellant who had availed ineligible Cenvat credit and had reversed the entire amount with interest before issue of the order, Adjudication Authority ought to have considered the same and dropped the demand." Further, "there is merit in the contention of the assessee that Rule 6 cannot be used as tool to extract the amount, which is much beyond the remedial measure and what cannot be collected directly, cannot be collected indirectly, as well."

The core principles established are that reversal of proportionate Cenvat credit attributable to exempted goods along with interest, if done prior to adjudication, satisfies the legislative requirement and precludes further demand or penalty. The intention of the law is to prevent undue credit benefit, but not to impose punitive measures where the credit has been duly reversed. Procedural lapses or belated reversals, if rectified substantively, should not deny the assessee relief.

In final determination, the Tribunal held that the reversal of proportionate credit by the appellant under Rule 6(3A) of the Cenvat Credit Rules, 2004 was proper and sufficient. Consequently, the demand confirmed under Rule 6(3)(ii), along with interest and penalties, was set aside. The appeal was allowed accordingly.