2018 (4) TMI 290 - AT - Central Excise

CENVAT credit - case of Revenue was that no raw materials were supplied alongwith the invoices - Held that - Tribunal in the case of Dashmesh Castings Pvt. Ltd. vs. CCE & ST, Chandigarh 2015 (4) TMI 522 - CESTAT NEW DELHI has observed that the allegation of availment of credit without actually receiving the inputs cannot be upheld without any evidence produced for alternative source of procurement of raw material. It was further observed that receiving and utilization of raw material shown by the assessee, without which production of final product would not have been possible. The evidence produced by the Revenue is not sufficient enough to uphold the charge of nonreceipt of inputs. Appeal dismissed - decided against Revenue.

Summary

Issues:
Revenue's appeal against the Commissioner (Appeals) orders regarding denial of Cenvat credit based on alleged non-supply of raw materials.

Analysis:
The case involved the Revenue's appeal against the Commissioner (Appeals) orders regarding the denial of Cenvat credit to the respondent, engaged in the manufacture of mild steel ingots, based on allegations that raw materials were not actually supplied despite invoices showing the sale. The Revenue initiated proceedings for denial of credit as the appellant availed Cenvat credit based on invoices issued by a supplier suspected of issuing invoices without supplying inputs. The Original Adjudicating Authority confirmed the demands and penalties, which were set aside by the Commissioner (Appeals), leading to the present appeals by the Revenue.

The Revenue's case relied on bilties issued by transporters and investigations at the transporter's end, where vehicle numbers on invoices were found to belong to vehicles used for purposes other than transporting raw materials. However, the Appellate Authority noted that the respondent's receipt and consumption of inputs were duly recorded in statutory records, audited by Cera and internally, with monthly returns filed and assessed by the Range Superintendent. The Authority observed that the Revenue failed to provide an alternate source of procurement of raw materials, crucial for the final product's manufacture, as the inputs received were utilized in the final product cleared on duty payment.

The Commissioner (Appeals) placed strong reliance on the Tribunal decision in Vishwa Traders Pvt. Ltd., supported by various other decisions, to conclude that the Revenue's allegations of non-receipt of raw materials and availing credit solely based on supplier invoices lacked merit without evidence of alternate procurement sources. The Tribunal's precedent in Dashmesh Castings Pvt. Ltd. vs. CCE & ST, Chandigarh, further emphasized the necessity of evidence for alternative procurement sources to sustain allegations of credit availed without actual receipt of inputs.

Ultimately, the judgment found the Revenue's evidence insufficient to support the charge of non-receipt of inputs, citing the Hon'ble Allahabad High Court decision in CCE & ST vs. Juhi Alloys Ltd. as precedent. Consequently, the judgment upheld the Commissioner (Appeals) decision, rejecting the Revenue's appeals due to the lack of merit in the allegations.

In conclusion, the judgment dismissed the Revenue's appeals, affirming the Commissioner (Appeals) decision, and highlighted the importance of providing evidence of alternate procurement sources to substantiate allegations of credit availed without actual receipt of inputs.