2016 (6) TMI 1201 - AT - Central Excise

CENVAT credit - inputs - denial for want of proper documents or original duty paying documents not submitted to Revenue - Held that - there is no dispute as to the receipt of the goods in the factory and in the production of taxable output - The appellant is also directed to appear before the authority with the condition and the original copy of the invoice which has been returned here within the Court to the appellant on examining which credit on document of Sl. No. 12 will be allowed - so far as rejection of the claim of credit on the document at Sl. Nos. 13 to 20 is concerned the same is directive and accordingly credit allowed on same - appeal allowed in part - part matter on remand.

Summary

Issues:
- Denial of Cenvat credit on inputs upheld by Order-in-Appeal.
- Dispute regarding proper documents for availing Cenvat credit.
- Contention over certified copies of documents issued by Income Tax Authority.
- Appeal before Tribunal challenging rejection of certified copies.
- Arguments based on previous court rulings supporting credit extension.
- Rival contentions between the appellant and the Revenue.
- Decision on allowing Cenvat credit on certain documents.

Analysis:
The appellant filed an appeal against the Order-in-Appeal denying Cenvat credit on inputs, which was upheld by the Commissioner (Appeals). The dispute revolved around the availability of proper documents for claiming the credit. The appellant, engaged in manufacturing metal containers, availed Cenvat credit on specific inputs but faced objections from the Revenue due to missing or uncertified documents. The appellant contested the show cause notice, providing explanations for missing documents and producing original copies during the appeal process.

The impugned order-in-appeal rejected the Cenvat credit for documents at Serial Nos. 12 to 17, even though the appellant presented certified copies issued by the Income Tax Authority. The rejection was based on the argument that the original documents should have been received back by the appellant within a reasonable period, highlighting the necessity of complying with procedural requirements for availing Modvat credit. The appellant, citing rulings from the Hon'ble Allahabad High Court and a Co-ordinate Bench decision of the Tribunal, argued for the allowance of credit based on certified copies and previous instances where credit was extended under similar circumstances.

In the Tribunal, the appellant urged for the acceptance of certified copies at Serial Nos. 12 to 17 and emphasized the availability of the document at Serial No. 18, which was already submitted to the Revenue. The Tribunal, after considering the contentions from both parties, acknowledged the receipt of goods in the factory and the production of taxable output. It directed the adjudicating authority to allow credit on documents at Serial Nos. 13 to 20 and remanded the decision regarding the document at Serial No. 12, which was produced during the hearing, for further consideration within a specified timeframe. The appellant was instructed to appear before the authority with the original copy of the invoice for verification.

In conclusion, the Tribunal partially allowed the appeal, granting credit on certain documents while remanding the decision on one specific document for further review, ensuring compliance with procedural requirements and providing consequential benefits to the appellant.