2008 (9) TMI 807 - AT - Central Excise

Summary

Issues:
1. Eligibility of Cenvat credit for goods received through a registered dealer.
2. Validity of invoices issued in the name of the registered dealer instead of the assessee.
3. Interpretation of Tribunal rulings in similar cases.
4. Verification of duty payment and consignee details by Range Superintendent.

Analysis:

1. Eligibility of Cenvat credit for goods received through a registered dealer:
The Revenue's appeal challenged the acceptance of the assessee's plea for granting Cenvat credit by the Commissioner (Appeals) in the Order-in-Appeal. Both authorities ruled in favor of the assessee, noting that the goods were received from M/s. SAIL through a registered dealer, M/s. A.S. Steel Traders. The Department rejected the Cenvat credit as the invoices were issued in the dealer's name, not the assessee's. However, based on Tribunal rulings in similar cases, the Commissioner (Appeals) upheld the eligibility of the assessee for passing on the Cenvat credit.

2. Validity of invoices issued in the name of the registered dealer:
The Revenue contended that since the invoices did not cover the assessee's name, the Cenvat credit should be denied. However, the Assistant Commissioner verified the duty payment and confirmed the invoice containing the assessee's name as the consignee. The Range Superintendent's verification certificate supported the duty paying nature of the goods. Consequently, the Tribunal found no merit in the Revenue's appeal, emphasizing that the duty payment verification and consignee details were satisfactory.

3. Interpretation of Tribunal rulings in similar cases:
The Commissioner (Appeals) relied on Tribunal rulings in cases like AEGIS Chemical Inds. Ltd. and British Physical Laboratories, where Cenvat credit was extended to the assessee in comparable circumstances. By following these precedents, the Commissioner (Appeals) confirmed the Order-in-Original passed by the Assistant Commissioner, reinforcing the eligibility of the assessee for the Cenvat credit.

4. Verification of duty payment and consignee details by Range Superintendent:
The Assistant Commissioner's satisfaction with the duty paying nature of the goods, as verified by the Range Superintendent through Annexure 'D' verification certificate, played a crucial role in the Tribunal's decision. The verification process confirmed the duty payment in relation to the invoices mentioned in the show cause notice, supporting the assessee's claim for Cenvat credit. This verification process was pivotal in rejecting the Revenue's appeal and upholding the decision in favor of the assessee.

In conclusion, the Tribunal dismissed the Revenue's appeal, affirming the eligibility of the assessee for the Cenvat credit based on the verification of duty payment and consignee details, as well as the application of relevant Tribunal rulings in similar cases.