2017 (4) TMI 882 - AT - Central Excise

CENVAT credit - case of Revenue is that the appellant is only a consignee in the invoices. That the invoices were billed to M/s Wanbury Ltd., who did not have a loan license for manufacture of final products using the inputs - Held that - it is established that the goods were received in the appellant factory who is the manufacture of final products. So also the duty has been paid on the goods pertaining to the disputed invoices. On such score, the Department cannot deny credit alleging that M/s Wanbury Ltd., in whose name the bill was issued did not possess loan license. The invoices contain the name of consignee appellant/manufacturer - credit allowed - decided in favor of assessee.

Summary

Issues: Disallowance of credit on inputs

Analysis:
The appeal was filed due to the disallowance of credit on inputs by the Department. The dispute arose when the appellants availed CENVAT credit on invoices issued in favor of another company, M/s Wanbury Ltd., who did not have a loan license. The Department contended that since the invoices were in the name of M/s Wanbury Ltd., the credit was not eligible to the appellants. A Show Cause Notice was issued demanding payment along with interest and penalty. The original authority and the Commissioner (Appeals) upheld the demand, leading to the current appeal.

Appellant's Argument:
The appellant's consultant argued that there was no dispute regarding the use of inputs in manufacturing final products by the appellant. He emphasized that the goods were received and used in the manufacturing process, and duty was duly paid on the goods. The consultant cited judgments in similar cases to support the appellant's position.

Respondent's Argument:
The Assistant Commissioner reiterated the findings of the impugned order, stating that M/s Wanbury Ltd. did not have a loan license for manufacturing final products using the inputs. Despite the loan license being issued in the name of M/s Bravo Health Care Ltd., the invoices were in the name of M/s Wanbury Ltd., leading to the denial of credit.

Judgment:
The Tribunal considered both sides' arguments and highlighted the importance of actual receipt of goods by the manufacturer. Citing relevant case laws, the Tribunal emphasized that the omission of the consignee's name in the invoices should not disentitle the manufacturer from claiming credit if the goods were received. Since the actual receipt of goods was not disputed, the Tribunal ruled in favor of the appellant. It was established that the goods were received by the appellant, the duty was paid, and the invoices indicated the consigned appellant/manufacturer. Therefore, the impugned order disallowing credit was set aside, and the appeal was allowed with consequential reliefs.

Conclusion:
The judgment focused on the crucial aspect of actual receipt of goods by the manufacturer, emphasizing that minor discrepancies in the invoices should not hinder the manufacturer's right to claim credit. The decision provided clarity on the eligibility of credit in cases where the goods were received and used in the manufacturing process, irrespective of certain discrepancies in the documentation.