2016 (1) TMI 592 - AT - Central Excise

Cenvat Credit - duty paid on its inputs namely CC copper rod - allegation that goods were not actually received by the appellant and that the transactions were bogus - demand based on statement of trader / supplier - Held that - After taking the statement of Shri R.K.Gupta, department has not conducted any investigations with regard to the tempo number shown, in these invoices. Instead, the department has just shifted the burden on the appellant stating that appellant has to correlate the cheque with the transactions made. It is the department who alleges fraud. Shri R.K.Gupta has specifically stated that all the transactions were not bogus. It was stated by him that with regard to the cheque of the appellant the goods were actually supplied. In case of supply of less than 6 tons (i.e. capacity of a tempo vehicle) the transactions are genuine; and that though he had no godown, he used to dispatch goods directly from the sellers godown. In such a scenario, when the documents and registers of the appellant are proper, it is for the department who alleges fraud to establish that the invoices issued to the appellant by Shri R.K.Gupta were not genuine. Department has not succeeded in establishing guilt on the part of appellants. The statement of Shri R.K.Gupta does not contain incriminating evidence against the appellants so as to deny the credit. - Credit allowed - Decided in favor of assessee.

Issues: Disallowance of cenvat credit, Allegation of bogus transactions, Rectification of mistake, Appellant's contention of genuine transactions, Department's reliance on statement and recovered cheque, Error in cause title, Burden of proof on department, Allegation of fraud, Evidence analysis, Discrepancy in statutory records, Limitation period, Additional submissions.

Disallowance of Cenvat Credit:
The appellant was aggrieved by the disallowance of cenvat credit due to allegations of not receiving goods and engaging in bogus transactions. The Tribunal had previously upheld the disallowance but reduced the penalty. The matter was remanded by the High Court for fresh adjudication based on various documents and statements provided by the appellant.

Allegation of Bogus Transactions:
The case revolved around the appellant's alleged wrongful availment of modvat credit based on invoices from a registered dealer, M/s. R.K. Enterprises. The appellant contended that all transactions were genuine, supported by proper documentation, including invoices, payments by cheque, and entries in statutory registers. The department, however, argued that the transactions were bogus, citing statements and methods employed by Shri R.K. Gupta of M/s. R.K. Enterprises.

Rectification of Mistake:
An error in the cause title of the appeal was noted, with discrepancies in the appellant's name. The Tribunal clarified the correct name and addressed the procedural aspects related to the naming discrepancies in various documents.

Appellant's Contention of Genuine Transactions:
The appellant emphasized that all transactions with M/s. R.K. Enterprises were legitimate, supported by evidence of goods received, payments made, and proper record-keeping. The appellant refuted the department's allegations of non-receipt of goods and highlighted the absence of discrepancies in stock or records during audits.

Department's Reliance on Statement and Recovered Cheque:
The department primarily relied on the statement of Shri R.K. Gupta and a cheque recovered from his premises to support the claim of bogus transactions. Shri R.K. Gupta's statement indicated a mix of genuine and bogus transactions, with specific criteria determining the authenticity of the transactions.

Burden of Proof on Department:
The Tribunal emphasized that the burden of proving fraudulent transactions lay with the department, which failed to establish guilt on the part of the appellant. The department's allegations were deemed unsubstantiated due to the lack of incriminating evidence against the appellant and the absence of discrepancies in statutory records.

Evidence Analysis and Conclusion:
After a detailed analysis of the evidence presented, including statements, invoices, and records, the Tribunal concluded that the department had not succeeded in proving the appellant's involvement in fraudulent transactions. The disallowance of modvat/cenvat credit was deemed unjustified, leading to the setting aside of the impugned order and allowing the appeal.

Additional Submissions and Outcome:
The appellant's additional submissions were considered, aligning with the contentions raised in the appeal memo and the High Court's judgment. As the substantial issue was decided in favor of the appellant, the Tribunal set aside the impugned order and allowed the appeal.

The judgment addressed the core issues of cenvat credit disallowance, alleged bogus transactions, rectification of mistakes, burden of proof, and evidence analysis, ultimately ruling in favor of the appellant due to the lack of substantiated claims against them.

← Previous Next →