2010 (5) TMI 624 - CGOVT - Central Excise

Cenvat Credit - applicant has exported the goods under claim of rebate. On scrutiny of the claims, it was found that they have taken Cenvat credit on the basis of fake invoices. On investigation, it was found that their grey fabrics supplier was non-existent and applicant has taken Cenvat credit on the fake/bogus invoices issued by this non-existent supplier, without ever receiving the inputs (grey fabrics) into their factory, credit availed on strength of fraudulent invoices is confirmed - Held that - Matter remanded to original authority for de novo proceeding about the admissibility of rebate claim which is not related to cenvat credit availed on the basis of fraudulent Central Excise Invoices, by following the principles of natural justice. The impugned orders are modified to this extent, revision application is disposed off in terms of above.

Summary

Issues:
- Rejection of rebate claims based on alleged fraudulent documents
- Denial of export incentive under rebate of duty scheme
- Compliance with Cenvat Credit Rules and burden of proof
- Admissibility of rebate claim and remand for de novo proceeding

Analysis:
1. Rejection of Rebate Claims: The applicant, a cotton mill, exported goods after utilizing Cenvat credit for duty payment. The lower authority rejected rebate claims citing fictitious documents and lack of verification. The Commissioner (Appeals) remanded the case, but after due processes, the rebate claims were again rejected. The applicant contended that necessary documents were submitted, but the appeals were rejected. The revision application challenged the rejection on the grounds of fraudulent documents and denial of rebate, leading to a detailed examination of the credit availed and utilization.

2. Denial of Export Incentive: The applicant argued that the rejection of rebate claims amounted to double jeopardy and challenged the denial of export incentive under the rebate of duty scheme. The Commissioner (Appeals) rejected the appeals, prompting the applicant to file a revision application before the Central Government, emphasizing the legitimacy of the export incentive and the need for proper consideration of the rebate claims.

3. Compliance with Cenvat Credit Rules: The applicant invoked Rule 9 of Cenvat Credit Rules, asserting entitlement to credit based on proper documents. The applicant highlighted the maintenance of records by suppliers to support credit availed, emphasizing compliance with the rules. The burden of proof regarding credit admissibility was addressed, stressing the importance of documents and verification in availing Cenvat credit.

4. Admissibility of Rebate Claim and Remand: The Government's scrutiny revealed the misuse of Cenvat credit based on fake invoices, leading to the rejection of rebate claims. However, the Government acknowledged the applicant's plea regarding the balance credit amount not linked to fraudulent invoices. Consequently, the case was remanded for a fresh assessment of the admissibility of the rebate claim not associated with the bogus invoices, emphasizing the need for a fair process following natural justice principles.

5. Conclusion: The revision application was disposed of with modifications to the impugned orders, allowing a reevaluation of the rebate claim unrelated to the fraudulent invoices. The ruling highlighted the importance of proper verification, compliance with rules, and the necessity for a transparent and just process in determining the admissibility of rebate claims.