2008 (2) TMI 214 - AT - Central Excise

No cogent evidence to prove that electrode & refractory bricks were used in or in relation to such manufacture since there are controversial judgment on admissibility of credit on electrode and refractory bricks, penalty on appellant isn t justified - in respect of liquid oxygen, it may be observed that both the buyer & seller followed regular practice of accounting which appears to have Revenue neutrality, so relief is granted from allegation of availment of excess credit on liquid oxygen

Summary

Issues:
1. Eligibility for Cenvat credit in respect of Electrode and Refractory Bricks.
2. Excess credit availed by the Appellant in respect of Liquid Oxygen.

Eligibility for Cenvat Credit - Electrode and Refractory Bricks:
The Appellant argued that electrodes and refractory bricks were used in the manufacturing process, justifying Cenvat credit. However, the Revenue contended that without concrete proof of use in manufacturing, no benefit should be granted. The Tribunal found no cogent evidence supporting the Appellant's claim, leading to the dismissal of appeals on this issue.

Excess Credit on Liquid Oxygen:
Regarding the excess credit availed on liquid oxygen, the Appellant asserted that regular industry practices were followed, ensuring Revenue neutrality. The Tribunal noted that both buyer and seller adhered to standard accounting practices, resulting in no adverse impact on Revenue. Consequently, the Appellants were granted relief on the demand related to the alleged excess credit on liquid oxygen.

Penalties Imposed:
The Appellant argued against penalties, citing the absence of willful breach of law and requesting leniency due to legal controversies surrounding Cenvat credit on electrodes and refractory bricks. Considering the totality of circumstances and legal uncertainties, the Tribunal decided not to impose any penalties. Furthermore, in light of the relief granted for the excess credit of liquid oxygen, penalties related to that issue were also waived.

Conclusion:
The appeals concerning Cenvat credit on electrodes and refractory bricks were dismissed due to lack of evidence supporting their use in manufacturing. However, penalties on demands arising from this issue were waived. On the other hand, the appeal regarding the excess credit of liquid oxygen was successful, with the Appellants receiving full relief. The Tribunal emphasized the importance of following industry practices and granted appropriate decisions based on the specific circumstances of each issue.