2018 (3) TMI 1380 - AT - Central Excise

Re-credit/refund of interest paid - whether the appellants are entitled to re-credit of duty of ₹ 3,67,713/- and refund of ₹ 80,904/- paid as interest on account of various issues/ objections raised by the audit? - Held that - undisputedly the appellant had received input materials against Invalidation letter issued by DGFT as per N/N. 44/2001-CE(NT) dated 26.06.2001, however the condition laid down under clause-(ii) and (xii) of the said Notification had not been complied with - the appellant are not eligible to avail the benefit of said Notification and consequently the re-credit of ₹ 1,94,897/- is irregular and the interest paid on the said irregular credit is also recoverable. Appeal allowed - decided in favor of appellant.

Summary

Issues involved:
- Entitlement to re-credit of duty and refund of interest
- Compliance with procedural provisions under Notifications
- Admissibility of CENVAT credit on sales commission
- Availing CENVAT credit on triplicate copy of invoice
- Admissibility of credit on input services

Entitlement to re-credit of duty and refund of interest:
The appeal questioned whether the appellants could claim re-credit of duty and refund of interest amounting to specific figures. The consultant argued that the demand was based on non-compliance with procedural provisions under certain notifications. They contended that these conditions were procedural and not complying with them should not lead to denial of benefits. However, the tribunal found that non-fulfillment of these conditions could not be considered procedural, citing a Supreme Court ruling. Consequently, the appellants were deemed ineligible for the benefits, and the irregular re-credit and interest paid were held as recoverable.

Compliance with procedural provisions under Notifications:
The issue revolved around the appellant's failure to comply with procedural provisions under Notification No. 44/2001-CE(NT). The tribunal noted that the conditions specified in the notification were not fulfilled, leading to the denial of benefits. Citing a Supreme Court ruling, it was established that the benefits could not be extended if the prescribed procedures were not followed, rendering the re-credit irregular and the interest paid recoverable.

Admissibility of CENVAT credit on sales commission:
The consultant accepted the liability regarding CENVAT credit on sales commission. This issue was not pressed further, indicating an acknowledgment of the liability by the appellant.

Availing CENVAT credit on triplicate copy of invoice:
The consultant argued for the admissibility of CENVAT credit on a triplicate copy of the invoice, citing compliance with duty payment and referencing a tribunal judgment. The tribunal agreed with this argument, recognizing the validity of the credit availed on such invoices based on the precedent set by a previous case.

Admissibility of credit on input services:
Regarding the admissibility of credit on input services, the appellant's advocate contended that the credit should not be denied based on their manufacturing and job work activities. They referenced tribunal and High Court judgments to support their argument. However, the Revenue's representative opposed this, stating that the principles from a specific case did not apply to input services. The tribunal upheld the admissibility of credit on input services, citing relevant tribunal judgments, and modified the impugned order accordingly.

This detailed analysis of the judgment highlights the key issues involved, the arguments presented by both parties, and the tribunal's findings and decisions on each issue.