2015 (8) TMI 830 - AT - Central Excise

CENVAT Credit - SAD - Supplementary invoices - Clearance of raw material without payment of duty - Held that - Present proceedings were initiated pursuant to the discrepancy noted by Revenue in the records of M/s MIRC Electronics. As the said issue was concluded in favour of M/s MIRC Electronics, no cause of action remains against the present appellant. As such I set aside the impugned order - Decided in favour of assessee.

Summary

Issues:
1. Availment of CENVAT credit of Special Additional Duty (SAD) based on supplementary invoices.
2. Validity of supplementary invoices for availing CENVAT credit.
3. Liability of appellant for wrong availment of CENVAT credit.
4. Confirmation of demand of duty and imposition of penalty.
5. Applicability of Rule 9(1)(b) and Rule 14 of CENVAT Credit Rules, 2004.
6. Comparison with a similar case where the appeal was allowed.
7. Decision on the appeal and consequential benefits.

Issue 1: Availment of CENVAT credit of Special Additional Duty (SAD) based on supplementary invoices
The appellant, engaged in manufacturing electronic goods, availed CENVAT credit of SAD through supplementary invoices issued by another company. The show-cause notice alleged that this credit was not valid due to non-payment of duty by the issuing company after detection of non-levy. The appellant was directed to justify the wrongful availment of credit.

Issue 2: Validity of supplementary invoices for availing CENVAT credit
The adjudicating authority confirmed the demand of duty and imposed penalties, stating that the supplementary invoices were not valid documents for availing CENVAT credit under Rule 9(1)(b). The appellant, however, argued that a similar matter had been decided in favor of another company by the Tribunal, where the demand of irregular CENVAT credit was vacated.

Issue 3: Liability of appellant for wrong availment of CENVAT credit
The Commissioner (Appeals) confirmed the duty demand but set aside the penalty considering that the appellant had taken credit based on the supplementary invoices without evidence of involvement in the issuing company's omission to pay the duty. The appellant challenged the decision before the Tribunal.

Issue 4: Confirmation of demand of duty and imposition of penalty
The Tribunal, after considering the arguments, noted that the issue was resolved in favor of the issuing company in a similar case. As a result, the Tribunal set aside the impugned order, stating that no cause of action remained against the appellant. The appeal was allowed with consequential benefits if any.

Issue 5: Applicability of Rule 9(1)(b) and Rule 14 of CENVAT Credit Rules, 2004
The Tribunal highlighted that the demand of duty and penalty imposed on the appellant were not in accordance with the law, as the provisions invoked were deemed inapplicable based on the decision in the similar case. Consequently, the demand of irregular CENVAT credit availed by the appellant was vacated.

Issue 6: Comparison with a similar case where the appeal was allowed
The Tribunal referred to a previous case where the demand of duty and penalty were set aside for a company in a similar situation, emphasizing that the appellant was not liable for the wrongful availment of CENVAT credit based on the supplementary invoices.

Issue 7: Decision on the appeal and consequential benefits
In conclusion, the Tribunal allowed the appeal in favor of the appellant, considering the resolution of the issue in a similar case. The impugned order was set aside, providing the appellant with consequential benefits, if any.

This detailed analysis of the judgment addresses all the issues involved, providing a comprehensive understanding of the legal proceedings and the final decision rendered by the Tribunal.