2008 (5) TMI 529 - AT - Central Excise

Summary

Issues:
Appeal against demand confirmation and penalty imposition for availing Cenvat credit on inputs used in manufacturing exempted goods.

Analysis:
The appellant, engaged in manufacturing both dutiable and exempted medicines, appealed against the confirmation of demand and penalties imposed after officers found inputs used in manufacturing exempted goods on which credit was availed. The appellant contended that they purchased inputs from a trader, duly recorded the material in statutory records, and used them in manufacturing exempted goods without availing credit. The Revenue disputed the receipt of material based on transporter statements denying transportation, despite the supplier admitting the material supply and payments made through banking channels. The Revenue argued that investigation revealed the material was not supplied as transporter denied transportation. However, the appellant maintained that they received the material, recorded it, and used it for manufacturing exempted goods, with payments made through banking channels. The main contention was transporter statements denying transportation, but the appellant's documentation and payment records supported their claim. The Tribunal found merit in the appellant's contentions, setting aside the impugned order and allowing the appeal.

This judgment highlights the importance of proper documentation, statutory record-keeping, and payment trail in cases involving availing credit on inputs used for manufacturing exempted goods. The dispute over material receipt, supported by transporter statements, was resolved in favor of the appellant due to strong evidence of material receipt, statutory record entry, and payment through banking channels. The judgment emphasizes the significance of maintaining accurate records to substantiate claims and defend against challenges to credit availed on inputs.