2011 (7) TMI 626 - AT - Central Excise

Cenvat credit on invoices without receiving inputs physically in the factory - duty demand alongwith interest and equivalent amount of penalty - Held that - Demand has been raised only on mere statement of the inputs supplier that he has not supplied the inputs and he has not manufactured no evidence in the form of statement of transporters to support the case of the Department regarding non-receipt of inputs by the appellants - Department has failed to produce any statement of the transporter or the actual receipt the goods that the goods have been transported out of State - in favour of assessee.

Summary

Issues:
Appeal against demanding duty, interest, and penalty for wrongly taking cenvat credit without physically receiving goods.

Analysis:
The appellants appealed against an order demanding duty, interest, and penalty, alleging they wrongly took cenvat credit without physically receiving goods. The case stemmed from a visit to the factory premises where it was discovered that the appellants had taken input credit on invoices from a specific supplier without actually receiving the goods. The supplier confirmed they did not supply the goods, raising suspicions about the appellants' entitlement to the credit. A show cause notice was issued, leading to the demand for duty, interest, and penalty, which was upheld by the Commissioner (Appeals), prompting the appellants to appeal to the Tribunal.

The appellant's representative argued that they received the goods physically in their factory against duty paid documents, highlighting no discrepancies in stock during the investigation. They contended that the demand was solely based on the supplier's statement, without involving the supplier in the notice, making the demand unsustainable. The representative cited previous tribunal decisions to support their argument, emphasizing the department's failure to prove non-receipt of goods against duty paid invoices.

On the contrary, the Revenue representative asserted that the appellants took credit without physically receiving the goods, relying on the supplier's statement as reliable evidence against the appellants' claim.

After hearing both sides, the Tribunal noted that the demand was based solely on the supplier's statement that they did not supply the goods, dated after the period in question. The Tribunal referenced previous cases where lack of corroborative evidence, such as transporter statements or proof of goods transportation, rendered the department's case weak. Consequently, the Tribunal set aside the impugned order, allowing the appeal with any consequential relief for the appellants.