Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  The GSTN has issued an Advisory dated 21.04.2026 about the introduction of an Offline Tool for the Invoice Management System (IMS)  *  CBIC extends due dates for filing of FORM GSTR 3B  for the month of April 2026 *  Interest cannot be imposed in adjudication order, if not demanded/quantified in show cause notice : Allahabad HC *  Wheelchairs with toileting facility eligible for exemption: CESTAT affirms customs duty exemption to importer *  Industries urge GST council to allow inverted duty refunds on input services *  Tamil Nadu GST dept introduced virtual hearing facility for GST appeals under under section 107 of the TNGST act: detailed guidelines  *  CIC urges authorities to implement GST evasion complaint tracking system *  Even if the assessee opts "NO" for personal hearing in form DRC-06 ,The mandatory requirement under section 75(4) to grant opportunity of hearing cannot be waived:Gujarat High Court  *  Glufosinate imports curbs imposed by govt *  Government extends Re-import period for exported cut & polished diamonds *  CIC flags lack of tracking system for tax evasion complaints,urges GST authorities to improve transparency *  No Custodial Interrogation needed in GST fraud case based on documentary evidence already in Department's Possession : Chattisgarh HC *  Orders under section cannot be sustained if passed without considering the taxpayer's objections and without granting a personal hearing:Gujarat High Court *  Mere cancellation of supplier's registration cannot,by itself,justify denial of ITC or cancellation of the recipient's registration:Bombay High Court *  High Court sets aside GST notice citing factual errors and natural justice violations *  Provisional Bank Attachment under Section. 110 of Customs Act Unsustainable Beyond Statutory period without Extension order: Bombay HC orders to defreeze accounts *  Post Clearance MRP Alteration by Distributor Does not attract Differential Customs Duty: CESTAT *  DGFT Expands scope of 'Screws' classification under RoDTEP Scheme  *  E-way bills surze to all time high of 140.6 million in March *  GST Exemption Allowed on Pure Labour Services for Standalone Houses: AAR  *  GST Payable Only on Margin in Second-Hand Car Sales, Subject to Strict Conditions and No ITC Claim: AAR *  DGFT rolls out procedure for allocation of calcined coke *  GST portal update : Pre-deposit amount now editable in Appeals *  J&K HC declared TMT scrap a 'Specified Good' eligibile for GST refunds under Support Scheme  *  Pigmy agents are employees of banks; no GST can be levied on commission  paid to them : Karnataka HC *  DGFT Revises HS Code Description for Screws Under RoDTEP *  GST Registration Cancellation Invalid Without Proper Service of Notice: Allahabad High Court. *  Bengaluru CGST | GST Backlog Appeals Deadline Fixed at June 30, 2026 *  No Time Bar on Refund of Service Tax for Services Not Rendered: CESTAT  Remands Indiabulls Case for Unjust Enrichment Check. *  Supreme Court Holds Renewable Energy Incentive Must Benefit Generators, Not Be Adjusted in Tariff
Subject News *   Delhi HC Quashes Order, Says Reminder Cannot Validate Improperly Served GST SCN *  KARNATAKA HIGH COURT REMANDS GST SHORTFALL MATTER DUE TO ABSENCE OF PERSONAL HEARING   *  CESTAT cancels confiscation and penalties on imported computer cabinet cases: Custom duty restricted to 111 surplus units *  Deposit of tax during search or investigation cannot be treated as 'Voluntary Payment' : Bombay High Court *  Section 76 of the CGST cannot be invoked where the tax has already been duly deposited, even if through another registration of the same entity: Madras High Court *  Sec 74 allows use of material regardless of source; illegality or flaws in section 67 search do not vitiate valid adjudication: HC *  Inter-State transfer of ITC on Amalgamation permissible as given under section 18(3) read with rule 41 of the CGST rules, 2017: Gujarat High Court *  HC: No GST on commisson paid to Pigmy Agents *  IGST refund denial on illegible bill of lading invalid absent chance to furnish docs; merit reconsideration in appeals directed: HC *  ITC is not admissible on GST paid on leasehold rights of land used fpr setting up an air seperation plant: AAAR,Tamil Nadu *  GST: No penalty under Section 74 after voluntary ITC reversal due to non-existent supplier : High Court *  TN AAAR denies GST ITC on Land Lease under Sec. 17(5)(d) for setting up plant and machinery *  GST proceedings quashed as notices sent to old address, despite updated address in registration *  Importer Can’t Be Penalised for Alleged IGCR Procedural Lapses Without Evidence of Departmental Error: CESTAT *  Structured Healthcare Training Not ‘Charitable Activity’, 18% GST Payable: AAR  *  CESTAT As The Appellate Authority For Central Sales Tax Disputes: A Paradigm Shift Under Finance Act, 2023 *   Rs. 25K Cost Imposed On SGST Joint Commissioner for Attaching Bank  Accounts Without Forming Mandatory “Opinion”: Bombay HC *   Ex-Parte GST Order Without Hearing Violates Natural Justice: Karnataka  High Court Quashes Adjudication and Bank Attachment.  *   Retrospective GST Cancellation Can’t Invalidate Genuine Transactions:  Jaipur Commissioner (Appeals) Quashes Rs. 95,670 ITC Demand. *   GST Pre-Deposit Non-Compliance: Allahabad High Court Allows Appeal  Subject to Rs. 30 Lakh Balance Deposit, Recognises Offline Filing. *  Documentary Nature of Evidence: Allahabad High Court Grants Bail in Rs. 32.66 Crore Fake ITC Fraud Case *  Supreme Court Flags Systemic Bias in Army’s Permanent Commission Process for Women Officers *  Re-Determination of Land Compensation Can Be Based on Appellate Court Awards, Clarifies Scope of S. 28-A: Supreme Court. *  Supreme Court Imposes Rs. 5 Lakh Costs On Rent Authority Officer For Acting Beyond Jurisdiction. *  DGGI Meerut | Court Denies Bail to Accused in Claiming Fake ITC And Export Refunds *  Denial of GST Rate Revision Benefit to Contractor Violates Article 14: Rajasthan HC *  GST Registration Cancellation for Non-Filing of Returns: Gauhati High Court Directs Restoration on Compliance. *   Supreme Court Quashes FEMA Adjudication Orders, Revives Proceedings at  Show Cause Stage. *   Higher Rank, Harsher Punishment Justified: Supreme Court Restores Dismissal  of Bank Manager in Misappropriation Case. *   Limitation for Export Refund to Be Counted from Foreign Exchange Realisation,  Not From Export Invoices Issuance: CESTAT  

Comments

Print   |    |  Comment

PJ/Case Law/2013-14/2110

Issue:-Whether credit admissible on inputs contained in waste arising out of the manufacture of final product?

Case:- MARARJEE BREMBANA LTD Vs COMMISSIONER OF CENTRAL EXCISE, NAGPUR 

Citation:- 2014-TIOL-404-CESTAT-MUM

Brief facts:-The brief facts of the case were that the appellants were manufacturers of the fabrics. During the manufacture of cotton fabric, cotton waste arises which was sold by the appellant duty free waste as cotton waste was duty free. Revenue was of the view that the waste of cotton arising out of the manufacture of cotton fabric was not entitled for credit availed by the appellant. Therefore, a show-cause notice was issued to the appellant for reversal of the CENVAT credit of Rs.19,97,337/- availed by them on the cotton involved in cotton waste arising during the course of manufacture of cotton fabric during the period December 2002 to February 2004. The matter was adjudicated by the adjudicating authority. The adjudicating authority relied on the decision of Gobal Textiles P. Ltd. 2005 (180) ELT 46 (T) = (2005-TIOL-02-CESTAT-MAD)and dropped the demand against the appellant holding that as cotton waste was not final product, therefore duty was not payable. Against the said order, revenue filed an appeal before the Commissioner (Appeals) who set aside the adjudicating authority's order holding that the provisions of Rule 57D of Central Excise Rules, 1944 were not in existence. Therefore, the appellant were required to reverse the disputed amount of credit. Against the said order, the appellant were in appeal before the Tribunal.

 

Appellant’s contentions:-Shri S. S. Gupta, CA, ld. consultant for the appellant submitted that the CBEC circular No. B-4/7/2000 TRU dated 3.4.2000 had clarified that the appellant were entitled for availing the CENVAT credit on cotton involved in the cotton waste which arises during the manufacture of cotton fabrics as the cotton waste was a refuse/by product. He further relied on the decision of Gobal Textiles P. Ltd(supra) and submitted that as cotton waste was not the final product and it was a by-product arising during the manufacture of cotton fabric, therefore no reversal was required. Therefore, he prayed that the impugned order be set aside and the appeal be allowed with consequential relief, if any.

 

Respondent’s contentions:-On the other hand, ld. AR reiterated the finding of the impugned order holding that the provisions of Rule 57D of Central Excise Rules, 1944 were not in existence. Therefore, the appellant were required to reverse the disputed amount of credit. Thus, prayed that the appeal be dismissed.

 

Reasoning of judgment:-Considered the submission made by both sides. After examining the Board circular no. B- 4/7/2000 TRU dated 3.4.2000, para 5 of the circular were reproduced hereunder:

 

5. Some doubts had been raised whether CENVAT credit would be admissible on the part of the input that was contained in any waste, refuse or bye product, in this context it was clarified that CENVAT credit shall be admissible in respect of the amount of inputs contained in any of the aforesaid waste, refuse or bye product. Similarly, CENVAT should not be denied if the inputs were used in any intermediate of the final product even if such intermediate was exempt from payment of duty. The basic idea was that CENVAT credit was admissible so long as the inputs were used in or in relation to the manufacture of final products, and whether directly or indirectly.”

 

As per the above para it was clarified that appellants were entitled to avail CENVAT credit on cotton which was being used for manufacturing of cotton fabrics but during the course of manufacture of cotton fabrics, cotton waste was arising which was a by product. Therefore, they were entitled to avail CENVAT credit on cotton involved in cotton waste and same view had been take by Tribunal in Gobal Textiles P. Ltd.

 

In view of the above findings, the impugned order was set aside and appeal was allowed with consequential relief, if any.

 

Decision:- Appeal allowed.

 

Comment:- The analogy drawn from the case is that as per Board circular no. B- 4/7/2000 TRU dated 3.4.2000, the assessee was entitled to claim CENVAT credit on the part of the input that was contained in any waste, refuse or bye product. Accordingly, the demand of credit availed on the inputs contained in waste was set aside.

 
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