2006 (5) TMI 411 - AT - Central Excise

Summary

Issues: Disallowance of credit for shortage of inputs; Imposition of penalty

In this case, the appellant filed an appeal against the order-in-appeal passed by the Commissioner (Appeals) regarding the disallowance of credit amounting to Rs. 18,380/- due to receiving less inputs than mentioned in the invoices but taking credit based on the invoice quantity. Additionally, a penalty of Rs. 5000/- was imposed on the appellant. The appellant contended that credit cannot be denied for negligible shortages, attributing them to possible occurrences during the shifting of materials between transports.

The appellant admitted to receiving less inputs than stated in the invoices, specifically mentioning parts of motor vehicles like frame complete, lid Assay, and regulator window. The adjudicating authority found that the appellant failed to prove their claim that the initially short-received inputs were later received. It was established that a manufacturer can only avail credit for duty paid on inputs used in the factory for manufacturing dutiable final products. Since the inputs in question were not received in the factory, as admitted by the appellant, the credit was deemed inadmissible. Consequently, the Tribunal upheld the impugned order, dismissing the appeal and affirming the penalty.