2016 (4) TMI 772 - AT - Central Excise

Recovery of Cenvat credit - in respect of inputs damaged due to moisture content/water - Insurance claim received for such damaged inputs - Revenue contended that once insurance claim has been received from the insurance company, the Cenvat Credit is required to be recovered but appellant submitted that inputs even though damaged, were used in the manufacture of second grade finished goods and inputs were not cleared from the factory premises. Held that - even if the damaged inputs are lying in the factory premises of the appellant, then also no Cenvat Credit can be recovered. Having said that once a claim has been made by the appellant that the damaged goods were used in the manufacture of second grade finished goods then positive evidences have to be brought on record by the Revenue to establish that either insurance claim included the element of central excise duties on which the Cenvat Credit was taken or that the damaged goods were cleared as such from the factory without reversing the Cenvat Credit. - Decided in favour of appellant

Summary

Issues:
- Appeal against rejection of Cenvat Credit due to damaged inputs
- Appellant's failure to appear for hearings and request for adjournments
- Dispute over recovery of Cenvat Credit after receiving insurance claim for damaged inputs
- Lack of documentary evidence to support the use of damaged inputs in manufacturing
- Burden of proof on Revenue to establish clearance of damaged inputs from factory premises

Analysis:
1. The appeal was filed against the rejection of Cenvat Credit by the First Appellate Authority, upholding the Order-in-Original issued by the Adjudicating Authority. The Appellant failed to appear for multiple hearings despite seeking adjournments, leading to the dismissal of further adjournment requests and the initiation of the disposal process.

2. The Revenue contended that Cenvat Credit taken for damaged inputs should be recovered once insurance claims were received. The Appellant had received insurance claims for damaged inputs from two insurance companies. The Revenue's argument was based on the premise that the Cenvat Credit should be reversed upon receiving insurance claims for damaged inputs.

3. Upon reviewing the case records, it was found that the damaged inputs, for which Cenvat Credit was taken, included items like Aluminium Rod, Copper Rod, and others. The Appellant claimed that these inputs were used in manufacturing second-grade finished goods and were not cleared from the factory premises. However, the Commissioner (Appeals) rejected this argument due to the lack of documentary evidence supporting the use of damaged inputs in the manufacturing process.

4. The Tribunal observed that the insurance claims received by the Appellant were only a fraction of the total claim amount. The Appellant's stance was that damaged inputs were indeed used in manufacturing second-grade finished goods, which would not necessitate the reversal of Cenvat Credit. The onus was on the Revenue to prove that the damaged inputs were cleared from the factory premises, and no evidence was presented to indicate that the insurance claims included the element of central excise duties for which Cenvat Credit was availed.

5. Ultimately, the Tribunal ruled in favor of the Appellant, setting aside the Order-in-Appeal passed by the First Appellate Authority. The decision was based on the lack of concrete evidence provided by the Revenue to establish that the damaged goods were either cleared from the factory premises or that the insurance claims included the central excise duties for which Cenvat Credit was availed.