2013 (7) TMI 1110 - AT - Central Excise

Summary

Issues involved: Misappropriation of CENVAT credit on iron ore and coal, lack of corroborative evidence for receipt and consumption, disallowance of credit by the Commissioner, need for remand and fresh adjudication.

In the judgment, the Appellate Tribunal found that a significant portion of the demand for CENVAT credit was contested due to the lack of corroborative evidence regarding the receipt of iron ore and coal by the appellant. The Commissioner concluded that the appellant was ineligible for the credit as they failed to provide sufficient evidence, including discrepancies in the filing of RG 23 Part-I. The appellant's failure to submit ER-5 and ER-6 returns further hindered the verification of raw material consumption, leading to the disallowance of the credit.

Upon hearing both sides, the Tribunal determined that a remand was necessary in this case. They decided to waive the pre-deposit requirement and proceed with the appeal. The appellant's counsel informed the Tribunal that they now possess all necessary invoices and documents demonstrating the receipt of raw materials, both purchased independently and on behalf of another entity. The Tribunal deemed it appropriate for the original adjudicating authority to verify the voluminous documents provided by the appellant, leading to the decision to remand the matter for fresh adjudication.

The Tribunal emphasized the importance of a thorough examination of the evidence presented and granted the appellants a reasonable opportunity to present their case during the fresh adjudication process. It was clarified that all issues were to be reconsidered, ensuring a well-reasoned order is issued in accordance with the law.