2009 (1) TMI 666 - AT - Central Excise

Summary

Issues: Whether CENVAT credit can be denied due to shortage of inputs covered by invoices vs. weighment slips.

The judgment deals with conflicting decisions regarding the denial of CENVAT credit to the respondents based on a shortage of inputs as per invoices compared to weighment slips. The Tribunal noted the contradictory rulings cited by both the DR and the counsel for the respondents. The DR relied on decisions from the West Zonal Bench, Mumbai, stating that inputs not physically received in the factory were not eligible for credit. On the other hand, the respondents' counsel cited decisions supporting their claim for credit. Given the conflicting decisions, the Tribunal decided to refer the issue to a Larger Bench for resolution.

The Tribunal found that the issue at hand required resolution by a Larger Bench due to the conflicting decisions presented by both parties. The matter was referred to the Hon'ble President for the constitution of a Larger Bench to address the conflict and provide clarity on the denial of CENVAT credit based on discrepancies between invoices and weighment slips. The decision to refer the issue to a Larger Bench was made to ensure a comprehensive and authoritative resolution to the conflicting interpretations of the law.