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2015 (10) TMI 963 - AT - Central ExciseDenial of CENVAT Credit - whether the appellant is required to be saddled with the duty liability of CENVAT Credit of an amount of ₹ 2,33,311/-, interest thereof and equivalent amount of penalty on the appellant - Held that - The intention of the appellant is very clear inasmuch as he has reversed the amount of CENVAT Credit attributable to the inputs cleared to their sister by raising duty paying invoice is the only conclusion that can be reached. I find that appellant is saddled with the duty liability of CENVAT Credit when the appellant has not taken CENVAT Credit of the duty paid on quantity which has been cleared to the sister concern. The entire issue is raised an afooting that there is mis-matching of the description by the lower authorities. Both the lower authorities have overlooked the description in its correct perspective, as the invoices which has been raised by the appellant for clearing to their sister concern indicates that the dimension in inches while when the goods were imported and the Bill of Entry indicates the description in mm . On casual conversion of the dimensions in Bill of Entry and on the invoice I find that there is no difference. - impugned order is incorrect and is liable to be set aside - Decided in favour of assessee.
Issues:
- Appeal against Order-in-Appeal confirming demand of wrongly availed CENVAT Credit, interest, and penalty. - Dispute over goods imported and diverted to head office. - Appellant's contention of already reversing CENVAT Credit on diverted goods. - Examination of records and lower authorities' findings. - Determination of duty liability on CENVAT Credit. Analysis: The appeal in question challenges Order-in-Appeal No. 314/BPS/MUM/2013, which upheld the demand for wrongly availed CENVAT Credit, interest, and penalty. The appellant, a manufacturer of excisable goods, faced scrutiny revealing the wrongful availing of CENVAT Credit on imported raw material diverted to their head office. The show-cause notice issued was contested, leading to confirmation of the demand and penalty by the adjudicating authority, a decision upheld by the first appellate authority. During the proceedings, the appellant argued that the imported goods were partly diverted to their sister concern, supported by documentation showing the clearance of goods to the sister concern matching the imported goods' description. The appellant contended that they had already reversed the CENVAT Credit on the diverted goods, negating the demand raised. On the other hand, the Department's representative argued that the appellant knowingly availed excess CENVAT Credit, emphasizing discrepancies between the Bill of Entry and documents debiting CENVAT Credit. Upon thorough examination of the submissions and records, the key issue revolved around determining whether the appellant should be held liable for the duty on the wrongly availed CENVAT Credit. The undisputed facts confirmed the diversion of a portion of the imported goods to the sister concern. However, the crucial dispute centered on whether the appellant had already reversed the CENVAT Credit on the diverted goods, thus obviating the need for additional duty liability. The appellate authority scrutinized the records and found that the appellant had indeed reversed the CENVAT Credit on the diverted goods, evident from the entries in the RG 23 Part-I and Part-II registers. The lower authorities' contention of mis-matching descriptions between invoices and transporter documents was dismissed, as the appellant's actions indicated a clear intention to rectify any discrepancies by debiting the CENVAT Credit on the diverted goods. Ultimately, the appellate tribunal concluded that the impugned order was incorrect, setting it aside and allowing the appeal. The decision highlighted the appellant's proactive steps to rectify the CENVAT Credit on diverted goods, absolving them of additional duty liability. The judgment emphasized the importance of accurate record-keeping and diligent compliance with excise regulations to avoid erroneous demands and penalties.
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