2009 (6) TMI 714 - AT - Central Excise

Summary

Issues:
Appeal against Commissioner's order regarding irregular credit availed on raw materials wastage percentage.

Analysis:
The appeal involved a dispute over the irregular availing of credit on raw materials wastage percentage by the appellant, a manufacturer of various parts supplied to BHEL. The investigation revealed a significant increase in scrap generation during certain years, leading to the presumption that excess wastage was shown without receiving the corresponding raw materials. The Commissioner held the credit availed as irregular and ordered recovery with penalties.

The appellant contended that there was no evidence to support the allegation of receiving only invoices without raw material receipt. They argued that different products manufactured over the years could not be presumed to have identical wastage percentages. The appellant sought to set aside the Commissioner's order based on these grounds.

The defense reiterated the findings, emphasizing the unexplained quantity of raw materials and the drastic increase in wastage percentage. However, the Tribunal noted the lack of investigation into inflated wastage claims and the failure to contact the raw material suppliers mentioned in the invoices. The Tribunal found it unjust to presume uniform wastage percentages for diverse products manufactured by the appellant without substantial evidence.

The Tribunal highlighted the appellant's explanations regarding genuine transactions, proper records maintenance, and value addition on raw materials. In contrast, the Commissioner relied on presumptions of excess wastage without concrete proof. Despite doubts raised by the high wastage percentages in certain years, the Tribunal concluded that the department failed to provide reliable evidence to support the Commissioner's order. Consequently, the Tribunal set aside the Commissioner's order, allowing the appeal with appropriate relief as per law.