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/2013-14/1664

Whether demand by disallowing credit on inputs is proper on the allegation that process undertaken by appellants does not amounts to manufacture?

Case:-HASNA TUBES (P) LTD. VERSUS COMMISSIONER OF C.EX., CHANDIGARH

Citation:-2013(293) E.L.T. 382 (Tri.-Del.)

Brief Facts:-This is an appeal filed by M/s. Hansa Tubes (P) Ltd. (hereinafter referred to as appellants) against the order-in-original passed by Commissioner Central Excise, Chandigarh.

Brief facts of the case are that appellants are engaged in manufacture of Galvanized Plain Coils(in short ‘G.P. Coils’), Galvanized Plain Sheets, (G.P. Sheets) and Galvanized Corrugated Sheets, (G.C. Sheet) falling under Sub-Heading No. 7210.19 and 7210.11 of Schedule to the Central Excise Tariff Act. They are manufacturing G.P. Coils primarily from inputs, C.R. Coil and Zinc and then use them captively to manufacture G.C. Sheets. They also clear the G.P. Coils to independent customers. It was observed by the Central Excise Officers during the course of audit, that during the year 2002-2003 and 2003-2004, the ap­pellants had wrongly availed Cenvat Credit to the tune of Rs. 1,21,86,295/- on C.R. Coils and Zinc, inasmuch as the said goods were used in the process of gal­vanization of C.R. Coils for conversion into G.P. Coils. It was the view of the De­partment that conversion of C.R. Coils into G.P. Coils involves only process of galvanization which does not amount to manufacture under Section 2(f) of the Central Excise Act. The appellants also cleared said goods G.P. Coils for export on payment of duty under claim for rebate amounting to Rs. 88,71,269/- by deb­iting the duty amount from the wrongly taken Cenvat credit amount. Accord­ingly the Show Cause Notice dated 4-5-2005 was issued to the appellants for dis­allowing the Cenvat credit of Rs. 1,21,86,295/- and also demanding the amount of Rs. 88,71,269/- under Section 11A of the Central Excise Act, along with interest and also proposing the penalty. The said SCN was adjudicated by the Commis­sioner by the impugned order in which he confirmed that the demand of Cenvat credit amounting Rs. 1,17,45,077/, It was also ordered that out of the said amount to Rs. 88,71,269/- is to be paid through PLA and equal amount of pen­alty was also imposed under Rule 13 of the Cenvat Credit Rules read with Sec­tion 11AC of the Act. The appellants challenged this order in the present appeal before the Tribunal.
 
Appellant Contentions:- The appellant submitted that that there is no dispute regarding the fact that C.R. Coils are basic raw material for G.P. Sheets as well as C.C. Sheets. He submits that even if it is held that process of conversion does not amount to manufacture in the Central Excise Act, inputs can be cleared as such or after being partially processed on reversal of amount equivalent to credit availed on such inputs. Therefore, the duty paid on inputs can at best be treated as reversal of credit taken on C.R. Coils. He further submits once the duty on the final product is paid the Cenvat credit on the inputs cannot be denied to them. As regards the demand of rebate claim amounting to Rs. 88,71,269/- he submits that under Rule 18 of the Central Excise Rules, the exporter is entitled to claim rebate of duty paid on inputs as well as duty paid on final products. He submits that even if it is held that process does not amount to manufacture they are entitled to rebate of duty paid on inputs under Rule 18 of the Central Excise Rules. He also stated that SCN in this case was issued on 4-5- 2005 and part of the demand are also hit by time limitation as they have not sup­pressed any fact from the department.
 
Respondent Contentions:-The respondent submitted that since the process undertaken by the appellants does not amount to manufacture, question of tak­ing credit does not arise. He therefore submits that they have rightly been disal­lowed the Cenvat credit in this case.
 
Reasoning of Judgment:-We have considered the submission from both parties and perused the record, we find that the Cenvat credit in the pre­sent case has been denied to the appellants on the ground that process of galva­nization does not amount to the manufacture. We also take note that under Cen­vat Credit Rules, the inputs can be cleared as such or after being partially proc­essed on reversal of amount equivalent to credit availed on such inputs. That means if credit has been taken by the appellants on the inputs i.e. C.R. Coils then the Coil can be cleared as such or after some processing after reversal of the Cen­vat credit availed on the C.R. Coils. In the present case appellants have taken the Cenvat credit and cleared the finished goods after paying duty through the Cen­vat account entries and payment of duty may be more than the credit attributable to such inputs. We find that the Hon'ble High Court of Gujarat in caseCommis­sioner of Central Excise v. Delta Corporationas reported in 2013 (287) E.L.T. 15 (Guj.) has held that credit could not be denied on the ground that no manufactur­ing activity was carried on by the assessed. We find that in the present case the demand has been raise disallowing the Cenvat credit on C.R. Coils and Zinc. Demand is unsustainable as Rules allow the clearance of inputs as such or after partially processing on reversal of the Cenvat credit availed on these inputs. The duty paid on theG.P. Coils etc., is more than Cenvat credit taken and needs to be adjusted against the demand of the Cenvat credit. Therefore the demand of Cenvat credit is not sustainable against the appellants.
 
Appeal is disposed in above manner. Cross objection are also disposed of.
Decision:-Appeal is allowed.
           
Comment:- The crux of this case is that Cenvat credit cannot be denied on the ground that process of galvanization undertaken by the appellant does not amount to manufacture as Rules allow the clearance of inputs as such or after partially processing them on reversal of the Cenvat credit availed on these inputs. When duty is paid on the final product, i.e.G.P. Coils, it amounts to reversal of credit availed on inputs and so the demand of credit reversal is not sustainable.
           
 
           
 

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