2025 (5) TMI 261 - AT - Central Excise

CENVAT Credit availed on inputs denied on the ground that it was taken in violation of Rule 6(1) as the final goods were said to have been cleared claiming the exemption under Notification No. 30/2004-CE - CENVAT Credit on capital goods denied on the ground that it was taken in violation of Rule 6(4) which prohibits taking of Cenvat credit on capital goods used exclusively for manufacture of exempted goods - penalties imposed under section 11AC of the Central Excise Act 1944 and Rule 26 of the Central Excise Rules 2002. CENVAT Credit on inputs - HELD THAT - The assessee had applied for this refund as the consequential relief of an order of the Tribunal. The Assistant Commissioner had sanctioned part of this refund by way of credit to the Cenvat account. Therefore the appellant was entitled to this Cenvat credit and this does not violate Rule 6(1) of the Cenvat credit Rules. The Commissioner had clearly erred in denying the Cenvat credit to this extent. CENVAT Credit on capital goods - HELD THAT - Rule 6(4) prohibits it only if the capital goods are used exclusively for manufacture of exempted goods for a period of two years from installation. The appellant s submission is that it had also paid duty on some of the goods and claimed full exemption only on some goods. In paragraph 7 of the impugned order the details of the duty paid are given in a table. Evidently the capital goods were also used to manufacture certain goods on which duty was paid and they were not used exclusively for manufacture of exempted goods. Therefore the Cenvat credit on capital goods is not taken in violation of Rule 6(4) of Cenvat Credit Rules - the denial of Cenvat credit to the assessee in the impugned order is not correct and it cannot be sustained. Penalties - HELD THAT - The orders of recovery and the penalties imposed on the assessee also cannot be sustained. Conclusion - i) The appellant is entitled to Cenvat credit on inputs and this does not violate Rule 6(1) of the Cenvat credit Rules. ii) The Cenvat credit on capital goods is not taken in violation of Rule 6(4) of Cenvat Credit Rules. iii) The orders of recovery and the penalties imposed on the assessee also cannot be sustained. The impugned order is set aside and all three appeals are allowed.

The core legal questions considered in this judgment are:

(a) Whether the assessee was entitled to avail Cenvat credit on capital goods amounting to Rs. 3,92,16,288/- despite clearing certain goods under full exemption Notification No. 30/2004-CE, which purportedly disallowed such credit;

(b) Whether the Cenvat credit of Rs. 13,38,760/- taken by the assessee on inputs (or as refund credit) was admissible under the relevant provisions;

(c) Whether penalties imposed under section 11AC of the Central Excise Act, 1944 and Rule 26 of the Central Excise Rules, 2002 were justified in light of the credit availment.

Issue-wise Detailed Analysis

(a) Cenvat Credit on Capital Goods (Rs. 3,92,16,288/-)

Relevant Legal Framework and Precedents: The primary legal provisions invoked are Rules 6(1) and 6(4) of the Cenvat Credit Rules, 2004. Rule 6(4) prohibits Cenvat credit on capital goods used exclusively in the manufacture of exempted goods for a period of two years from commencement of commercial production or installation. Notification No. 30/2004-CE granted full exemption on certain goods but stipulated no benefit of Cenvat credit on inputs or capital goods. However, a corrigendum by the Tax Research Unit (TRU) modified this to restrict the bar only to inputs, not capital goods.

Court's Interpretation and Reasoning: The Court noted that the Commissioner denied credit on capital goods on the premise that the capital goods were used exclusively for manufacturing exempted goods under Notification No. 30/2004-CE, thus violating Rule 6(4). However, the Court observed that the assessee manufactured both exempted goods (under Notification No. 30/2004-CE) and dutiable goods (under Notification No. 29/2004-CE with partial exemption). The capital goods were used in manufacturing both types of goods, and therefore not exclusively for exempted goods.

The Court further noted the corrigendum issued by the TRU which clarified that the bar on credit under Notification No. 30/2004-CE applied only to inputs, not capital goods. The Commissioner's order ignored this corrigendum.

Key Evidence and Findings: The record showed that the capital goods were used to manufacture goods attracting duty (albeit with partial exemption) as well as exempted goods. The impugned order's own table indicated duty payment on certain goods, negating exclusivity of use for exempted goods.

Application of Law to Facts: Since Rule 6(4) prohibits credit only if capital goods are used exclusively for exempted goods for two years, and the facts showed mixed use, the denial of credit was unsustainable. Furthermore, the corrigendum clarified the permissibility of credit on capital goods despite exemption on final products.

Treatment of Competing Arguments: The Revenue relied on the plain language of Notification No. 30/2004-CE and Rules 6(1) and 6(4), asserting that credit was impermissible. The Court rejected this, emphasizing the corrigendum and the factual mixed use of capital goods.

Conclusion: The denial of Cenvat credit on capital goods was incorrect and unsustainable.

(b) Cenvat Credit of Rs. 13,38,760/- on Inputs or Refund Credit

Relevant Legal Framework and Precedents: Rule 6(1) of the Cenvat Credit Rules, 2004 prohibits credit on inputs used in manufacture of exempted goods. Notification No. 30/2004-CE expressly disallowed credit on inputs for fully exempted goods. However, the assessee contended that this amount was not credit taken on input invoices but was a refund sanctioned by the Assistant Commissioner as a consequence of a Tribunal order, credited to the Cenvat account.

Court's Interpretation and Reasoning: The Court accepted the assessee's explanation that the Rs. 13,38,760/- was a refund credit sanctioned by the Assistant Commissioner following a Tribunal ruling in the assessee's favor. This credit was thus legitimate and did not violate Rule 6(1).

Key Evidence and Findings: The refund order dated 6.6.2017 was placed on record, showing that the amount was sanctioned as a refund credit, not as input credit on exempted goods.

Application of Law to Facts: Since the credit was a sanctioned refund credit and not an input credit taken in violation of the rules, the denial of this credit was erroneous.

Treatment of Competing Arguments: The Department contended that credit on inputs was impermissible under the exemption notification. The Court found this argument misplaced given the nature of the credit as refund sanctioned by competent authority.

Conclusion: The denial of Cenvat credit of Rs. 13,38,760/- was incorrect and unsustainable.

(c) Imposition of Penalties

Relevant Legal Framework and Precedents: Penalties were imposed under section 11AC of the Central Excise Act, 1944 and Rule 26 of the Central Excise Rules, 2002 for alleged wrongful availment of credit.

Court's Interpretation and Reasoning: Since the Court found that the assessee was entitled to the Cenvat credits both on capital goods and refund credit, the foundational premise for penalty imposition-wrongful availment of credit-was absent. Consequently, penalties could not be sustained.

Key Evidence and Findings: The absence of violation of credit rules negated the basis for penalties.

Application of Law to Facts: Penalties under section 11AC require a contravention of provisions or wrongful availment of credit. As the credits were rightly taken, penalties were unwarranted.

Treatment of Competing Arguments: The Revenue urged dismissal of appeals and maintenance of penalties. The Court rejected this in view of the findings on credit admissibility.

Conclusion: Penalties imposed on the assessee and the individual officers were set aside.

Significant Holdings

"Rule 6(4) prohibits Cenvat credit on capital goods only if such goods are used exclusively in the manufacture of exempted goods for a period of two years from the date of commencement of commercial production or installation. Since the capital goods were used to manufacture both dutiable and exempted goods, the credit cannot be denied."

"The corrigendum issued by the TRU dated 9.7.2004 clarifies that the bar on Cenvat credit under Notification No. 30/2004-CE applies only to inputs and not to capital goods. The Commissioner erred in ignoring this corrigendum."

"The amount of Rs. 13,38,760/- was not credit taken on inputs in violation of Rule 6(1) but was a refund sanctioned by the Assistant Commissioner pursuant to a Tribunal order, and thus the denial of this credit was incorrect."

"Penalties under section 11AC of the Central Excise Act and Rule 26 of the Central Excise Rules cannot be sustained in the absence of wrongful availment of Cenvat credit."

The Court set aside the impugned order denying Cenvat credit on both capital goods and refund credit, and quashed the penalties imposed on the assessee and the individual officers. All three appeals were allowed with consequential relief.

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