2007 (2) TMI 484 - AT - Central Excise

Summary

Issues Involved: Denial of credit and penalty imposition due to supplier not paying duty on inputs received by the appellants.

Summary:
The appellant filed an appeal against an order denying credit of Rs. 63,905/- and imposing a penalty because the supplier of inputs had not paid the duty. The appellants were working under Modvat credit, availing credit on duty paid on inputs. They received inputs from a supplier, Mahavir Wire Industries, and availed credit based on invoices. It was discovered during verification that the supplier had not paid the full duty received from customers, leading to proceedings against both the supplier and the appellants.

The appellant argued that they had paid duty as per invoices and goods received, and as a significant amount of duty was already recovered from the supplier, denying credit to them was unjustified. On the other hand, the revenue contended that the supplier had not provided correct information in the invoices, leading to the denial of credit.

The Tribunal found that the appellants had paid duty based on invoices received from the supplier, who had not deposited the correct duty amount. However, as the majority of the duty had been recovered from the supplier and there was no evidence implicating the appellants in any fraud, the denial of credit was deemed unsustainable. Consequently, the denial of credit and penalty imposition were set aside, and the appeal was allowed.