2011 (11) TMI 208 - AT - Central Excise

CENVAT Credit taken on the basis of invoices issued by non-existent suppliers Penalty imposed, reduced by Commissioner (Appeals) Non- compliance with the provisions of Rule 7(2) and 7(4) of CENVAT Credit Rules, 2002 - Held that - It is the obligation of the assessee that he takes precautions under Rule and then only take credit. Availment of credit without such verification would lead to a conclusion that there was suppression of facts of non-verification/non-compliance with the provisions of rule and therefore mandatory penalty u/s 11AC is attracted. Consequently, the penalty imposed is enhanced to 100% of the duty. Decided against the Assessee.

Summary

Issues:
1. CENVAT credit demand based on invoices from non-existent suppliers.
2. Reduction of penalty by Commissioner (Appeals) and appeal by the Department.
3. Compliance with CENVAT Credit Rules, 2002 and imposition of penalty.
4. Verification of suppliers and obligation of the assessee.
5. Applicability of mandatory penalty under Section 11AC.

Analysis:
1. The case involved a demand for CENVAT credit of Rs.2,31,174/- taken by the appellant based on invoices from non-existent suppliers, leading to the denial of credit and imposition of a penalty equal to the duty amount. The Commissioner (Appeals) reduced the penalty to Rs.20,000/-, prompting the Department to file an appeal.

2. In the absence of representation by the respondents, the Department's Authorized Representative argued that non-existent suppliers indicated a clear case of mis-declaration, citing relevant precedents. The respondents contended that they had received the goods and disputed the imposition of penalty under Section 11AC, emphasizing compliance with CENVAT Credit Rules, 2002.

3. The Tribunal considered both parties' submissions, noting the appellant's failure to comply with Rule 7(2) and 7(4) of the CENVAT Credit Rules, 2002, regarding verification of suppliers. The absence of evidence to prove the existence of suppliers raised doubts about the receipt of goods and issuance of invoices. The Tribunal emphasized the obligation of the assessee to verify suppliers before availing credit.

4. The Tribunal highlighted that non-compliance with verification requirements could lead to the conclusion of suppression of facts, invoking mandatory penalty under Section 11AC. Citing the Chintan Processors case, the Tribunal upheld the demand for duty and interest, enhancing the penalty to 100% of the duty amount due to the lack of credible challenge to the demand.

5. Ultimately, the Tribunal allowed the Revenue's appeal, emphasizing the importance of complying with CENVAT Credit Rules and verifying suppliers to avoid penalties for non-compliance and suppression of facts. The decision underscored the significance of due diligence in availing credits and the consequences of failing to meet regulatory obligations.