2006 (8) TMI 481 - AT - Central Excise

Summary

Issues:
1. Denial of credit and imposition of penalty based on inputs not found in the factory premises.
2. Interpretation of rules regarding availing credit on inputs stored outside the factory premises.
3. Applicability of previous Tribunal decisions and Board Circular on the case.

The appellant filed an appeal against an order denying credit of Rs. 62,199 and imposing a penalty of Rs. 16,000, as the inputs for which credit was claimed were not found in the factory premises during a visit. The appellant argued that the inputs, specifically packing material, were stored at rented premises due to space shortage, and were used in the manufacture of the final product. Citing a Tribunal decision and a Board Circular allowing storage of inputs outside the factory, the appellant contended that the credit should not be denied. The Revenue's position was that credit can only be availed on inputs received in the factory, and since the inputs were not present during the visit, the denial was justified. The appellant failed to provide evidence showing the use of these inputs in the final product. The Tribunal found that the inputs were indeed stored outside the factory but were used in the final product, warranting reconsideration by the Adjudicating Authority. Consequently, the impugned order was set aside, and the matter was remanded for fresh consideration, providing the appellant with an opportunity to demonstrate the use of the inputs in the final product. The appeal was disposed of by way of remand, emphasizing the need for proper verification and evidence regarding the use of inputs in manufacturing processes.