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2016 (10) TMI 822 - AT - Central ExciseCENVAT credit - fake invoices - suppliers found to be non-existing - Extended period of limitation - suppression of facts - Held that - reliance placed on the decision of M/s Vrindavan Dyeing Mills (P) Ltd, Shri Shyam Sunder Dhanawat Versus Commissioners of Central Excise, Customs and Service Tax-Surat-I 2015 (10) TMI 2199 - CESTAT AHMEDABAD where it was held that Goods were supplied by various merchant manufacturers for processing, on job charge basis and the goods were supplied to them accompanied with Central Excise invoice. They processed the goods and which were taken by the merchant manufacturers. He also stated that they received job charges for the processing of the grey fabrics. It is categorically stated that they received job charges by cheque from the various merchant manufacturers. It is seen that in 2005, the Central Excise Officers found that the suppliers of the Grey fabrics were not in existence. We find that the Dy Commissioner, C&CE Div IV, Surat by his letter dtd 4.12.2008 in response to query under RTI application had forwarded to copy of the CE Registration Certificate of the suppliers. Thus, it is clearly evident that the suppliers were in existence during the material period. Following the decision the extended period of limitation cannot be invoked - appeal allowed - decided against Revenue.
Issues:
1. Contesting the issue on limitation regarding CENVAT credit on invoices of non-existing suppliers. 2. Appeal against penalty reduction imposed on Shri Moti Textile Processors. Issue 1: Contesting the issue on limitation regarding CENVAT credit on invoices of non-existing suppliers: The case involved an appeal where the appellant, Shri Moti Textile Processors, contested the issue of limitation regarding taking CENVAT credit on invoices of suppliers who were subsequently found to be non-existing. The appellant argued that there was no suppression, collusion, or malafide action on their part, and hence the extended period of limitation should not be invoked. The department, represented by the Authorized Representative, was in appeal against the decision of the Commissioner (Appeals) to reduce the penalty imposed on Shri Moti Textile Processors. The Tribunal examined the records and arguments from both sides, noting that the issue revolved around the appellant's registration with Central Excise, filing of monthly returns, and payment to suppliers through cheques. The Tribunal referenced a similar case decided by the Ahmedabad Bench of the Tribunal and the decision of the Jurisdictional High Court of Gujarat, emphasizing that the extended period of limitation cannot be invoked under such circumstances. Consequently, the Tribunal held that the impugned order-in-appeal could not be sustained, and the appeal of Shri Moti Textile Processors was allowed while the Revenue appeal was rejected. Issue 2: Appeal against penalty reduction imposed on Shri Moti Textile Processors: The Authorized Representative for the department argued in appeal against the decision of the Commissioner (Appeals) to reduce the penalty imposed on Shri Moti Textile Processors. The representative reiterated the findings of the lower authorities regarding the penalty. However, the Tribunal's analysis primarily focused on the issue of limitation concerning CENVAT credit on invoices of non-existing suppliers, as discussed in detail in Issue 1. Ultimately, the Tribunal's decision on the limitation issue impacted the outcome of the penalty reduction appeal, as the Tribunal found in favor of Shri Moti Textile Processors based on the limitation aspect, leading to the rejection of the Revenue appeal. In conclusion, the judgment by the Appellate Tribunal CESTAT Ahmedabad addressed the issues of limitation regarding CENVAT credit on invoices of non-existing suppliers and the appeal against penalty reduction imposed on Shri Moti Textile Processors. The Tribunal's decision highlighted the importance of the limitation aspect in such cases and relied on precedents to support its findings. The detailed analysis and application of legal principles resulted in the allowance of Shri Moti Textile Processors' appeal and the rejection of the Revenue appeal.
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