2014 (1) TMI 628 - AT - Central Excise

Denial of Cenvat credit - MS angles, channels, TMT bars used in civil construction work Credit taken on Xerox copies of invoices Waiver of Pre-deposit Held that - The appellant is prima facie entitled to claim CENVAT credit on the steel items used in the manufacture of storage tanks inasmuch as an order passed by this bench allowing such credit to another party relying upon CCE, Bangalore vs. SLR Steels Ltd. 2012 (9) TMI 169 - KARNATAKA HIGH COURT - The appellant has not made out prima facie case against denial of CENVAT taken on Xerox copies of invoices. However, with regard to CENVAT credit taken on steel items used for fabricating structural support to boiler, pipelines etc. Following Vandana Global Ltd. Vs. CCE, Raipur 2010 (4) TMI 133 - CESTAT, NEW DELHI (LB) - the appellant directed to pre-deposit an amount of Rupees Two crore Ninety Three lakhs as pre-deposits upon such submission rest of the duty to be stayed till the disposal Partial stay granted.

Summary

Issues:
- Claim for waiver and stay of adjudged dues including CENVAT credit denial on steel items and cement.
- Breakdown of CENVAT credit amount.
- Prima facie entitlement to CENVAT credit on steel items for storage tanks.
- Denial of CENVAT credit on Xerox copies of invoices.
- Conflicting decisions causing confusion regarding CENVAT credit on steel items for structural support to boiler, pipelines, etc.
- Plea of limitation against the demand.

Analysis:
The judgment addresses the appellant's application seeking waiver and stay concerning the adjudged dues, including CENVAT credit denial on steel items and cement. The appellant reversed an amount of Rs. 23,53,579/-, which was appropriated towards the impugned demand, not claiming credit for the reversed amount. The remaining CENVAT credit in question amounts to Rs. 46,25,209/-, with specific breakdowns for different steel items used in various processes.

Regarding the entitlement to CENVAT credit, the Tribunal found the appellant prima facie entitled to claim credit on steel items used in the manufacture of storage tanks, citing a precedent affirmed by the High Court. However, the Tribunal did not find a prima facie case for the denial of CENVAT credit on Xerox copies of invoices. The appellant's claim for CENVAT credit on steel items used for fabricating structural support to boiler, pipelines, etc., was considered favorably due to conflicting decisions during the material period, causing confusion.

The Tribunal acknowledged the settlement of conflicting views by a Larger Bench in a specific case, supporting the appellant's argument against intent to defraud the Revenue. Additionally, the appellant pleaded limitation against the entire demand. After considering the submissions, the Tribunal directed the appellant to pre-deposit a specified amount within a given timeframe and report compliance. Subject to compliance, waiver and stay were granted for the balance dues.

In conclusion, the judgment provides a detailed analysis of the issues raised by the appellant regarding CENVAT credit denial, entitlement, conflicting decisions, and the plea of limitation, ultimately granting relief subject to specified conditions.