2017 (2) TMI 1042 - AT - Central Excise

100% EOU - CENVAT credit - duty paying documents - appellant had availed Cenvat Credit on Bills of Entry importing capital goods and raw materials, which were in the name and address of their 100% EOU adjacent to the DTA unit - Held that - since these GRNs were system generated do not bear signature of the persons concerned - Further, it is supported by the fact that all the GRNs reflect these lorry receipts which needs to be co-related. Thus, to ascertain the facts of co-relation between the transport challans and GRNs, so as to arrive at conclusion that the goods are received in the factory or otherwise, the matter is to be remanded to the Adjudicating Authority for process of verification - appeal allowed by way of remand.

Summary

Issues:
- Appeal against demand of Cenvat Credit on Bills of Entry not in the name of DTA unit
- Rejection of GRNs as evidence due to lack of signatures
- Mistake in address on Bills of Entry

Analysis:
The appeal was filed against the demand of Cenvat Credit on Bills of Entry not in the name of the Domestic Tariff Area (DTA) unit. The appellant, engaged in the manufacture of Pharmaceutical products, had availed Cenvat Credit on imported capital goods and raw materials. The goods were imported in the name and address of their 100% Export Oriented Unit (EOU) adjacent to the DTA unit. The demand was made as the relevant documents were not in the name of the DTA unit and were allegedly not utilized in the finished goods. The appellant argued that all the capital goods/inputs were received in their DTA unit and used in the manufacture of finished goods. The authorities rejected the Goods Receipt Notes (GRNs) as evidence due to lack of signatures, despite being system-generated. The appellant explained the mistake in the address on the Bills of Entry as an error by the Clearing House Agent (CHA) during submission. The Tribunal found the appellant's explanation reasonable and ordered a remand to the Adjudicating Authority for verification of the facts. The appellant agreed to authenticate the unsigned GRNs, and the appeal was allowed by way of remand for a fresh decision.

The rejection of the GRNs as evidence played a crucial role in the case. Despite being system-generated, the lack of signatures on the GRNs led the authorities to question their authenticity. The Tribunal acknowledged the reasonableness of the appellant's explanation regarding the absence of signatures on the GRNs and emphasized the need to establish a correlation between the transport challans and GRNs to determine whether the goods were received in the factory. This issue highlighted the importance of proper documentation and verification in tax matters to ensure compliance with regulations.

Another significant aspect of the case was the mistake in the address on the Bills of Entry. The appellant attributed this error to the CHA, emphasizing that the goods were indeed received and utilized in the DTA unit despite the discrepancy in the documents. The Tribunal accepted this explanation and deemed it necessary to remand the case for further verification by the Adjudicating Authority. This issue underscored the complexities involved in import-related documentation and the importance of accurate record-keeping to avoid potential disputes and penalties.

Overall, the judgment focused on the need for thorough verification of documentation and the reasonableness of explanations provided by the appellant in challenging the demand for Cenvat Credit. The decision to remand the case for reevaluation highlighted the significance of proper evidence and compliance with procedural requirements in tax matters to ensure a fair and just outcome.