2017 (1) TMI 1232 - AT - Central Excise

CENVAT credit - non-existent dealers - fake invoices - Held that - in the absence of any corroborative evidence to show that the respondents have not received the goods, it cannot be alleged against the respondents that they have received the invoices and not the goods merely on the ground that there was not storage facility specifically when the landlord made a statement that the godown was let out to the dealer - in the absence of any investigation at the end of manufacturer/supplier or the transporter, the cenvat credit cannot be denied to the respondents - appeal dismissed - decided against Revenue.

Summary

Issues:
- Denial of cenvat credit to the assessee based on alleged non-receipt of goods from a first stage dealer.
- Validity of the impugned orders and the decision of the Ld. Commissioner (A) allowing cenvat credit.
- Lack of investigation at the end of manufacturer/supplier or transporter to ascertain the truth regarding the supply of goods.
- Precedent cases and legal principles governing the denial of cenvat credit.

Analysis:

The case involved an appeal against the denial of cenvat credit to the assessee due to alleged non-receipt of goods from a first stage dealer, M/s S.K. Garg & Sons. The investigation revealed that M/s S.K. Garg & Sons was non-existent, leading to the cancellation of its registration retrospectively. The assessee had procured goods from this dealer and availed cenvat credit, which was later denied, resulting in duty demand, interest, and penalty. The Ld. Commissioner (A) allowed the credit in cases where goods were received on the same day as the invoice but denied it if there was a gap of seven days or more.

The Ld. AR argued that M/s S.K. Garg & Sons engaged in issuing fake cenvatable invoices, leading to the denial of cenvat credit to the assessee. However, the Tribunal noted the absence of investigation at the end of the manufacturer/supplier or transporter to establish the truth regarding the supply of goods. It was emphasized that M/s S.K. Garg & Sons was a registered dealer during the relevant period, filing all required returns accepted by the department. The Tribunal cited a precedent case to highlight the importance of corroborative evidence to support allegations of non-receipt of goods, dismissing the appeal filed by the Revenue and allowing the appeal of the assessee.

Relying on previous tribunal decisions, including the case of M/s Dhawan Steel Industries and M/s Jain Steel Tubes, the Tribunal concluded that in the absence of thorough investigation at the end of the manufacturer/supplier or transporter, cenvat credit cannot be denied to the assessee. Therefore, the impugned order denying cenvat credit was set aside, allowing the assessee to claim the credit. As a result, the Revenue's appeal was dismissed, and the appeal filed by the assessee was allowed with any consequential relief.

In conclusion, the judgment emphasized the necessity of concrete evidence and investigation to support allegations of non-receipt of goods, highlighting the importance of upholding cenvat credit entitlements for the assessee in the absence of such evidence.