2011 (1) TMI 23 - HC - Central Excise

Cenvat Credit Wrong availment non receipt of material question of law Held that - the finding recorded by the Tribunal that the inputs were duly supplied to the assessee by the TISCO which justified availing of cenvat credit is a finding of fact which is not shown in any manner to be perverse. No substantial question of law arises.

Summary

Issues:
1. Appeal under Section 35G of the Central Excise Act, 1944 against the Tribunal's order.
2. Allegation of wrong availing of cenvat credit on inputs for iron and steel products.
3. Tribunal's finding on the genuineness of input purchases from Tata Iron and Steel Company (TISCO).
4. Applicability of earlier Tribunal judgments in similar cases.
5. Justification of availing cenvat credit based on genuine input purchases.

Analysis:

1. The appeal was filed by the revenue under Section 35G of the Central Excise Act, 1944 against the order passed by the Tribunal. The substantial questions of law raised included the correctness of the Tribunal's ruling on recoveries of Modvat Credit and the alleged absence of evidence regarding the transportation of goods.

2. The assessee, a registered dealer under the Act, was accused of wrongfully availing cenvat credit on inputs for manufacturing iron and steel products purchased from TISCO. The adjudicating authority issued a show cause notice based on the suspicion that the vehicles' numbers recorded were fictitious, implying non-purchase of inputs and wrongful availing of credit.

3. The Tribunal set aside the findings of the lower authorities, concluding that the inputs were genuinely purchased from TISCO through proper channels. It was established that payments were made to TISCO, and the inputs were released to the appellant by a consignment agent. The Tribunal emphasized the lack of evidence to suggest any connivance between TISCO and the appellant in wrongfully availing cenvat credit.

4. The Tribunal's decision was influenced by earlier judgments, such as in the case of A.K. Pvt. Ltd. vs. CCE, which set aside demands and penalties on similar grounds. The appellant's counsel was not familiar with the status of the earlier judgment but acknowledged the Tribunal's factual finding on the genuine supply of inputs from TISCO.

5. The Tribunal's finding that the inputs were legitimately supplied by TISCO, justifying the availing of cenvat credit, was upheld. The Tribunal's decision was based on the direct payments made to TISCO for the goods in question, aligning with previous decisions. Consequently, the appeal was dismissed, affirming the Tribunal's decision on the genuineness of the input purchases and the rightful availing of cenvat credit.