2016 (8) TMI 192 - AT - Central Excise

Cenvat Credit - eligible inputs - As per appellant he has used the said cement in the foundation of boiling house equipments like boiler, vacuum pan and evaporator and the said angle, channels and CTD bars for fabrication of supporting structures of the boiling house equipments like boiler, vacuum pan and evaporator and the chequered plates in fabrication of cane carrier and cane unloader. - Certificate of expert not produced before lower authorities and reliance placed upon the report of RO at the time of passing of impugned order Held that the impugned order is not sustainable in law as the subject order is merely relied upon the report of the RO without appellant being associated in the enquiry - case remanded back to original authority. - appeal allowed by way of remand.

Summary

Issues:
- Denial of cenvat credit on disputed items
- Eligibility of items for cenvat credit
- Reliance on expert certificate
- Admissibility of credit on chequered plates

Issue 1: Denial of cenvat credit on disputed items
The appeal was against the Commissioner's order upholding the disallowance of cenvat credit on certain items used by the appellant in manufacturing sugar and molasses. The Assistant Commissioner disallowed credit under Rule 14 of Cenvat Credit Rules 2004, leading to a demand for recovery. The appellant contested the show-cause notice, but the original authority upheld the disallowance. The Commissioner (Appeals) also affirmed the decision, prompting the appellant to approach the Tribunal.

Issue 2: Eligibility of items for cenvat credit
The appellant argued that the disputed items, including cement, angles, channels, CTD bars, and chequered plates, were used for supporting structures and fabrication of machinery, making them eligible for cenvat credit as capital goods/inputs. The appellant cited specific uses for each item, such as using cement in the foundation of boiling house equipment and angles for fabrication of supporting structures. The authorities relied on the Vandana Global Ltd. case and questioned the appellant's failure to prove specific usage within the factory.

Issue 3: Reliance on expert certificate
The appellant submitted a certificate from an expert to justify the usage of purchased items in supporting structures essential for machinery functioning. The appellant argued that lower authorities did not request the certificate and erroneously relied on the report of the Revenue Officer (RO). The Tribunal noted the importance of the expert's evidence and set aside the impugned order, remanding the matter for a fresh decision based on documentary evidence and the expert's report on actual item usage in the factory.

Issue 4: Admissibility of credit on chequered plates
The Commissioner (Appeals) acknowledged the potential eligibility of credit on chequered plates if used in fabrication but questioned the lack of proof regarding specific usage within the factory. The Tribunal emphasized the need for the appellant to provide evidence, including the expert certificate, and directed the adjudicating authority to pass a reasoned order after affording the appellant an opportunity to be heard and ensuring compliance with natural justice principles.

In conclusion, the Tribunal set aside the impugned order and allowed the appeal by way of remand, emphasizing the importance of substantiating claims with evidence and ensuring procedural fairness in adjudicating cenvat credit disputes.