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2017 (7) TMI 90 - AT - Central ExciseCENVAT credit - duty paying invoices - attested copy of bill of entry - Held that - after the assessee lost the relevant copy of bill of entry for necessary for availing CENVAT credit they obtained attested copy of bill of entry from the Customs authority. I find that there is no dispute on the issue of receipt of the goods mentioned under said bill of entry in the factory of the assessee and also its use - credit availed on the duty paid as mentioned in the attested copy of Bill of Entry is admissible to them. Reliance was placed in the case of COMMISSIONER OF C. EX. & CUS. VADODARA-II Versus STEELCO GUJARAT LTD. 2010 (2) TMI 307 - GUJARAT HIGH COURT where it was held that mere zerox copy by itself should not be made the basis of allowing the credit but where the assessee has made efforts to get the said xerox copy attested by the Range Superintendent of the supplier s end and has established beyond doubt that the duty stands paid on the goods and the goods stand received by him denial of credit on this procedural irregularity would not be justified. The copy of the report be handed over to the assessee-appellant for providing an opportunity to rebut the observations in the said report - appeal allowed by way of remand.
Issues:
1. Denial of CENVAT credit on attested copy of bill of entry. 2. Challenge to denial of credit on dealer's invoices. 3. Consideration of additional evidence by the Department. 4. Dispute over receipt of goods mentioned in invoices. 5. Request for remand by the Revenue. Analysis: 1. Denial of CENVAT credit on attested copy of bill of entry: The appellant, a manufacturer of excisable goods, availed credit of a specific amount during a certain period. The Commissioner confirmed a demand for recovery of the credit with interest and penalty, partially dropping the demand. The appellant contended that credit on the attested copy of the bill of entry, obtained after losing the original, should not be denied. The Tribunal, citing relevant judgments, held that since there was no dispute regarding the receipt and utilization of goods mentioned in the attested copy of the bill of entry, the credit availed on duty paid as per the attested copy was admissible. 2. Challenge to denial of credit on dealer's invoices: The appellant also challenged the denial of credit on dealer's invoices, arguing that the invoices were in accordance with the Central Excise Rules. The Tribunal noted the absence of importer/manufacturer's particulars in the dealer's invoices should not render them ineligible for credit. The Commissioner allowed a specific amount of credit, which the Department challenged based on subsequent evidence. The Tribunal emphasized that raising new grounds based on additional evidence not mentioned in the show cause notice was unsustainable in law. 3. Consideration of additional evidence by the Department: The Department submitted a report post-adjudication disputing the eligibility of credit on certain invoices. However, the appellant was not provided with a copy of this report, rendering it impossible for them to offer comments. The Tribunal held that introducing new grounds based on additional evidence without prior notice was unsustainable in law. 4. Dispute over receipt of goods mentioned in invoices: The Revenue contested the receipt of goods mentioned in specific invoices, arguing that the appellant had not received the goods in their factory, thus making them ineligible for credit. The Tribunal directed the Revenue to provide a copy of the report to the appellant for rebuttal, ensuring a fair opportunity to respond before deciding on the admissibility of the credit. 5. Request for remand by the Revenue: The Revenue requested a remand to the adjudicating authority for a fresh decision on the admissibility of a specific credit amount. The Tribunal allowed the appeal by the Revenue for remand, ensuring a reevaluation of the issue. Both appeals were disposed of accordingly, with directions for further proceedings as per the Tribunal's findings. This comprehensive analysis of the judgment highlights the key issues, arguments presented by both parties, relevant legal principles, and the Tribunal's decision on each matter, ensuring a thorough understanding of the case.
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