2016 (8) TMI 665 - AT - Central Excise

Cenvat credit - Rule 16 of Central Excise Rules 2001/2002 - finished goods returned to the factory for rectification - non-production of proper documents/records in establishing the return and processing of the said goods in their factory - Held that - it is found that on 07.12.2005, the Appellant had received the rejected quantity of 577.11 MT at 23.45 hrs whereas the same was shown to have been cleared on the same day at 20.55 hrs. This leads to support the case of the Revenue and the Appellant could not rebut the charges of non-receipt by adducing sufficient evidences. Therefore, the Appellants are not eligible to avail CENVAT Credit on the invoices under which the goods initially cleared and claimed to have been received by them in their factory for reprocessing. - Decided against the appellant

Summary

Issues:
- Appeal against OIO-28-AC-DEM-2011-12-SILVASSA passed by Commissioner, C.Ex. & S.Tax, Vapi regarding availing CENVAT Credit on finished goods returned to the factory under Rule 16 of Central Excise Rules 2001/2002.

Analysis:
1. Facts of the Case:
- The Appellants are involved in the manufacture of Polyester Texturised Yarn and availed CENVAT Credit on finished goods returned to the factory during November 2005 to July 2006 under Rule 16 of Central Excise Rules 2001/2002.
- Demand notice issued due to lack of proper documents/records establishing the return and processing of goods in the factory.

2. Contentions of the Revenue:
- The learned Authorised Representative for the Revenue argued that the Appellants failed to prove that the rejected goods were received in the factory and processed for rectification.
- The Commissioner (Appeals) concluded that the Appellants did not establish the receipt and processing of goods before clearance, citing discrepancies in the records.

3. Analysis of Evidence:
- The Appellant's failure to respond to hearing notices led to the case being taken up for disposal.
- The authorities found that the Appellant could not prove the receipt and reprocessing of finished goods as required by Rule 16 of Central Excise Rules 2001/2002.
- A chart presented by the Revenue showed discrepancies in the timing of receipt and clearance of rejected goods, supporting the Revenue's case.

4. Decision and Rationale:
- The Appellants were deemed ineligible to avail CENVAT Credit on invoices claiming goods for reprocessing in the factory.
- The impugned order was upheld, and the appeal was dismissed due to the Appellant's failure to provide sufficient evidence to rebut the charges of non-receipt of goods for reprocessing.

This detailed analysis of the judgment highlights the key issues, arguments presented by the parties, evaluation of evidence, and the final decision rendered by the Appellate Tribunal CESTAT AHMEDABAD.