Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  GST registration cancellation without reasons amounts to ‘Economic Death’ of business: Supreme Court. *  No GST refund if appeal before GSTAT is filed late: Gujarat High Court. *  Mere upload of GST notice on portal not valid service, appeal limitation won’t start: Punjab & Haryana High Court. *  Taxpayer can’t be penalised for missing notices hidden under ‘Additional Notices/Orders’: Calcutta High Court allows fresh adjudication. *  State tax officer can’t issue GST SCN beyond CBIC-assigned jurisdiction: Bombay High Court stays recovery proceedings. *  Earlier 7.5% Pre-Deposit must count towards mandatory 10% for Appeal: Uttarakhand high court quashes CESTAT Order. *  Third Parties can’t challenge GST Advance Rulings merely due to financial impact: Karnataka HC *  GST SCN generated using AI tool quashed: Punjab & Haryana High Court *  Bank Attachment Quashed as Madras HC Quashes GST Order Issued Against Deceased Person *  ITC Blocking Order for Failure to Record ‘Reason to Believe’ U/R 86A Quashed: Allahabad High Court *  Govt Extends GSTAT Appeal Filing Deadline From 30 June to July 31, 2026 *  GST Demand on RWA Stayed: Allahabad High Court Questions Taxability of Electricity Distribution to Flat Owners *  CBIC Clarifies Jurisdiction After GST Registration Transfer: Earlier Proceedings Remain Valid, New Officer to Continue Action *  GST authorities’ certification not mandatory for reimbursement, but tax payment must be proven: Karnataka HC *  Contractor can’t seek gst reimbursement through writ when contract has arbitration clause: Karnataka HC *  Unsigned Order Is No Order in Law: AP HC Quashes GST Assessment Order for Want of Officer’s Signature *  Customs Can’t Levy Rs. 1.36 Crore Cost Recovery Charges Without Proof of Full-Day Officer Deployment: CESTAT  *  12% IGST Payable On Imported Dialysis Machine Parts: CESTAT *  Bombay High Court Admits Challenge to GST Limitation Extension Notifications; Grants Protection Against Coercive Recovery *  Criminal Case Can’t Run Parallel to GST Proceedings on Same Facts: Allahabad High Court *  Allahabad High Court Stays GST Detention Order; Directs Release of Vehicle and Goods on Deposit of Rs. 1.44 Lakh *  Service Tax Can’t Be Levied on Loss-Making Contracts: Gujarat High Court *  GSTN Mandates Ship-to GSTIN in e-Invoice and e-Way Bill APIs; Introduces Voluntary e-Way Bill Closure Facility from August 1, 2026 *  GST Appeal Can’t Be Rejected as Time-Barred When Taxpayer Was Pursuing Rectification Remedy: Telangana High Court *  Absence of E-Way Bill and Transport Documents Justifies Customs Seizure U/s 110: Gauhati HC *  Madras High Court Upholds GST Late Fee and Penalty for Non-Filing of Annual Return, Dismisses Challenge  *  GST Records, Purchase Documents Sufficient to Discharge Burden Under Customs Act: CESTAT Orders Release of 3.65 Kg Gold  *  No Sugar Cess Payable on Sugar Exported Out of India: CESTAT *  Road Construction Services Exempt and SCN Time-Barred: CESTAT Quashes Service Tax Demand Based Solely on Form 26AS  *  ITC Freeze Upheld After GST Dept Find Suppliers Were Allegedly Fake Bill-Trading Entities: Madras HC 
Subject News *  Input service benefits can’t be denied: CESTAT allows export refund despite MMTC acting as Canalising agency. *  No service tax demand without proof of service of SCN: CESTAT. *  Service tax demand quashed as dept. fails to prove service of SCN: CESTAT *  GST : Mere allegation of inadequate consideration of reply not enough to invoke writ jurisdiction: Delhi High Court *  Onerous conditions imposed for provisional release of seized imported goods shouldn’t amount to virtual denial of relief: CESTAT. *  GST SCN without alleging fraud cannot invoke sec. 74: Karnataka High Court quashes adjudication order. *  Extended Limitation Can’t Be Invoked Merely on Form 26AS Data: CESTAT *  Revenue-Sharing with Restaurants Not Taxable as Business Support Service: CESTAT *  R. 6(3) Option Can’t Be Forced on Taxpayer; CESTAT Quashes Rs. 12.36 Crore CENVAT Credit Demand *  Excise Duty | Power Consumption Alone Can’t Prove Clandestine Manufacture: Karnataka High Court *  Madras High Court Examines DGGI’s Authority to Issue GST Penalty Orders Under Section 122, Adds DGGI as Party *  Proceedings under omitted r. 96(10) can’t survive without saving clause: andhra pradesh high court quashes gst refund recovery *  Excise duty power consumption alone can’t prove clandestine manufacture: karnataka high court *  Madras high court rules GST show cause notices must disclose grounds for invoking extended limitation *  Court Can’t Direct Extension GST Return Deadlines or Waive Interest and Penalties: Karnataka High Court *  GST Notifications Can’t Go Beyond GST Council Recommendations: Madras High Court Quashes SCN on Branded Pulses *  Appeal Can’t Be Dismissed for Delay When Dept’s Own Order Mis-states Limitation Period: CESTAT *  No Evidence of KYC or Due Diligence Breach By Customs Broker: CESTAT Quashes Licence Revocation in Export Overvaluation Case *  Glucometers Are Chemical Analysis Instruments Classifiable Under Tariff Heading 9027: CESTAT *  Validity of Post-GST Service Tax Proceedings Upheld: Gujarat High Court Dismisses Challenge to S. 73 SCN *  Rectified GST Refund Applications Can’t Be Rejected as Time-Barred If Original Refund Claim Was Filed Within Limitation: Gujarat HC *  Service Tax Refund Can’t Be Denied as Time-Barred When Levy Itself Is Unconstitutional: Gujarat High Court *  Same Officer Can’t Act As Auditor & Adjudicator: Karnataka High Court *  Karnataka High Court Condones 324-Day Delay, Revives Customs Appeal in Jewellery Pilferage Case  *  Madras High Court Quashes GST Assessment Order Passed Ex Parte Despite Prior ITC Reversal; Lifts Bank Attachment *  Tobacco Process Doesn’t Amount to Manufacturing: Madras High Court Quashes Rs. 1.32 Crore Compensation Cess Demand  *  Recovery Notice Unsustainable After Voluntary Reversal of Unutilised Credit: CESTAT  *  GST | ‘System Generated’ SCN Without Officer Details Invalid: Allahabad HC  *  Electronic Records Without Statutory Certification Requirements Can’t Justify Undervaluation Allegations: CESTAT *  Madras High Court Stays GST Order, Finds Prima Facie Merit in Plea Against S. 74 Proceedings Based on S. 73 Intimation  

Comments

Print   |    |  Comment

PJ/Case Laws/2011-12/1393

Discharge of Liability under Rule 6 of CCR, 2004

Case: S.D. FINE CHEM LTD. v/s COMMISSIONER OF C. EX., THANE-II
 
Citation: 2011 (271) ELT 308 (Tri.-Mumbai)
 
Issue:- Chemicals purchased from market and re-packed as such or after dilution by using Cenvated packing – whether can be said to be manufacture of exempted goods for the purpose of Rule 6 of CCR, 2004?
 
Brief Facts:- Appellants were engaged in the manufacture of various chemicals falling under Chapter Nos. 11, 15, 17, 28, 29, 34, 35, 38, 39, 81 etc. of CETA, 1985. They availed CENVAT credit in respect of inputs used in or in relation to the manufacture of final products. Some of the common inputs used were Glass Bottles, Plastic Bottles, Plastic Carboys, printed cartons, self adhesive tapes and other packing materials.
 
Department alleged that during the period from 1-4-2005 to 31-3-2006, appellant had used common inputs viz. packing materials in or in relation to the manufacture of excisable goods as well as exempted goods without maintaining separate records and inventory of receipt and consumption of the inputs used for manufacture of duplicable final products and exempted final products, as required under Rule 6(2) of CENVAT Credit Rules, 2004. Show cause notices were issued for recovery of amount along with interest under Rule 6(3)(b) of CENVAT Credit Rules, 2004 and also for imposition of penalty on the appellant.
 
In the course of adjudication proceedings, appellants had pleaded that there was no manufacturer of exempted final products and what the department alleges to be manufacture of exempted finished goods was the goods purchased from the market and sold after packing and re-labeling, in some cases after dilution and such trading activity did not amount to manufacture and for this reason the provisions of Rule 6(3)(b) of CENVAT Credit Rules, 2004 were not attracted. But this plea was rejected.
 
The Additional Commissioner confirmed the demand under Rule 6(3)(b) along with interest and also imposed penalty of equal amount on the appellant-company. Penalty was also imposed on Shri. Shantilal D. Tolia, Managing Director and Shri Sanjiv S. Tolia and Mrs. Hita S. Tolia both Directors of the Appellant-Company.
 
On appeal, the Commissioner (Appeals) upheld the Addl. Commissioner's order. Against these two orders, appeals along with stay applications are filed before the Tribunal.
 
Appellant’s Contention:- Appellant contended that in addition to the manufacture of various chemicals falling under different Chapter of CETA, 1985, the appellants were purchasing the duty paid chemicals from the market and those chemicals were being sold after repacking/re-labeling as such, that in some cases the chemicals purchased were diluted; that none of these activities amount to manufacture; that the only lapse on the part of the appellants was that some quantity of packing materials likes glass bottles, plastic carboys, printed cartons, and self-adhesive tapes, on which CENVAT credit had been availed were also used in the packing and labelling of traded goods; that as soon as this was pointed out, the amount of CENVAT credit involved was reversed; that since the process undertaken by the them does not amount to manufacture, the provisions of Rule 6(2) read with Rule 6(3)(b) were not applicable; that though this plea was made before the Adjudicating Authority as well as the Commissioner (Appeals) no reason has been given for rejecting this plea and that in view of this, the impugned order is not correct.
 
Respondent’s Contention:- Revenue argued that the appellants have manufactured, besides the dutiable final products the excisable goods which are fully exempt from duty and that same are covered by the definition of exempted goods, and that since the appellants have not maintained separate inventory and account of the inputs intended for use in the manufacture of dutiable final products and exempted final products, as per the provisions of Rule 6(2), amount has been correctly demanded in respect of clearance of exempted goods and the penalties has been correctly imposed on the appellant company and its directors.
 
Reasoning of Judgment:- The Tribunal found that Lower Authorities have not given any reasons for dismissing the plea of the appellants that there was no manufacture of any excisable goods which were fully exempted from duty or are chargeable to nil rate of duty and some of the chemicals purchased from the market had been re-packed as such or after dilution by using cenvated packing material and that the same does not amount to manufacture. The Tribunal found that on the contrary the Adjudicating Authority in the order has held that even if the assessee is manufacturing non-excisable goods, the situation does not change in any way and once the assessee has admitted that they have availed and utilised CENVAT credit in respect of the products which are exempt or non-excisable, the provisions of Rule 6(3)(b) of CENVAT Credit Rules, 2004 would be applicable.
 
The Tribunal perused the provisions of Rule 6 (2) of the Cenvat Credit Rules, 2004 and noted that it is clear that this rule is applicable when the manufacturer avails of Cenvat credit in respect of any inputs which have been used in the manufacture of dutiable as well as exempted goods. Referring to the definition of “exempted goods” given in Rule 2 (d) of CCR, 2004, it was held that the “exempted goods: referred to in Rule 6 (2) have to be excisable goods i.e. the product of some process which amounts to manufacture and if such goods are fully exempt from duty or as chargeable to nil rate of duty, the provisions of Rule 6 (2) and 6 (3) would apply. Thus, it was held that the very basis of the impugned order that the provisions of Rule 6 (2) and 6 (3) would be applicable even if common inputs are used in the manufacture of dutiable goods as well as non-excisable goods is incorrect.
 
The Tribunal moreover found that no reasons have been given to reject the appellant’s plea that no manufacturing was done by them but was doing trading activity. Accordingly, impugned order set aside and matter remanded to examine whether goods alleged to be exempted were the outcome of a process of manufacture or not.
 
Decision:- Appeals allowed by way of remand.

Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com