2012 (8) TMI 860 - AT - Central Excise

CENVAT Credit - Suppression of material facts - Intention to evade duty - Held that - it had been duly noted by the original authority that the assessee had been filing periodical returns with relevant invoices. The appellate authority also noted this factual position and rejected the Department s allegation that the assessee had suppressed material facts with intention to evade payment of duty. The documents filed by the learned Superintendent(AR) support this finding of the lower appellate authority. The assessee had been filing returns from month to month indicating therein the CENVAT credit availed on capital goods, inputs etc. The invoices on the basis of which the CENVAT credits were availed were also furnished with these returns. These invoices (copies produced) clearly indicated the correct description of the goods (MS plates, angles, channels etc.) apart from the amount of duty paid thereon. Thus the material facts were duly disclosed to the Department by the assessee. There was no suppression of facts by them, let alone with intention to evade payment of duty - show-cause notice invoked the extended period of limitation without any valid ground. - Decided against Revenue.

Summary

Issues:
Appeal against grant of CENVAT credit on capital goods.

Analysis:
The appeal was filed by the Department challenging the grant of CENVAT credit on capital goods to the respondent by the lower appellate authority. The show-cause notice issued proposed to deny CENVAT credit to the respondent in respect of certain goods used for the fabrication/manufacture of machinery during a specific period. The respondent contested the demand on merits and limitation grounds. The adjudicating authority rejected their contentions and confirmed the demand, imposing a penalty. However, in an appeal filed by the assessee, the Commissioner (Appeals) ruled in their favor on all issues, leading to the Department's present appeal.

Upon examination of the records, it was noted that the assessee had been consistently filing periodical returns with relevant invoices, disclosing the CENVAT credit availed on capital goods. The appellate authority also acknowledged this fact and rejected the Department's allegation of suppression of material facts to evade duty payment. The documents filed by the learned Superintendent(AR) supported the lower appellate authority's finding. The invoices submitted clearly indicated the correct description of the goods for which the CENVAT credits were availed, along with the duty paid. Therefore, it was established that the assessee had not suppressed any material facts, let alone with the intent to evade duty payment.

In light of the above findings, the appeal of the Department was rejected. It was concluded that the show-cause notice had invoked the extended period of limitation without any valid grounds. The judgment was pronounced and dictated in open court, upholding the decision in favor of the respondent.