2018 (10) TMI 1371 - HC - Central Excise

Whether on the facts and in the circumstances of the case and in law, the Tribunal was justified in holding that the appellant did not have sufficient unutilised credit balance during each of the months for which the demand is raised in the face of the Chartered Accountant s certificate on record? - Held that - The impugned order of the Tribunal has disregarded the Chartered Accountant s certificate and without giving any reasons came to the conclusion that the appellant did not have excess unutilised credit available during the month for which demand was issued. Thus, this makes the order bad as being an order without reasons - the appeal is restored to the file of the Tribunal. Whether on the facts and in the circumstances of the case and in law, the Tribunal was justified in holding that interest is payable to the extent of credit taken even when the unutilised credit available during the entire period of demand till reversed was in excess of credit taken? - Held that - The answer to the question would only arise, if factually the Tribunal on remand comes to the view that excess unutilised cenvat credit is available. The appeal is restored to the Tribunal for fresh consideration after considering the evidence already on record, including Chartered Accountant s certificate.

Issues:
1. Challenge to the order passed by the Custom, Excise and Service Tax Appellate Tribunal under section 35G of the Central Excise Act, 1944.
2. Substantial questions of law raised regarding the justification of the Tribunal's decision on unutilized credit balance and interest payment.

Analysis:

Issue 1: Challenge to Tribunal's Order
The appeal challenges the order of the Custom, Excise and Service Tax Appellate Tribunal dated September 28, 2017. The appellant's counsel raised substantial questions of law for consideration. The Tribunal confirmed the demand of interest based on Cenvat Credit taken by the appellant until it was voluntarily reversed. The Chartered Accountant's certificate presented by the appellant showed a month-wise balance of credit available, indicating excess credit not utilized during the months in question. The Tribunal, however, disregarded this evidence without providing reasons, leading to the conclusion that the appellant did not have excess unutilized credit available. Consequently, the Tribunal's order was set aside, and the appeal was restored to the Tribunal for further consideration.

Issue 2: Substantial Questions of Law
a) Unutilized Credit Balance: The Tribunal's decision on interest payment hinged on the availability of unutilized credit balance. The appeal highlighted the discrepancy between the Chartered Accountant's certificate showing excess credit available and the Tribunal's conclusion. The order was deemed deficient due to the lack of reasoning for rejecting the evidence. As a result, the Tribunal's decision was quashed, and the appeal was remanded for fresh consideration, emphasizing the importance of reviewing the existing evidence, including the Chartered Accountant's certificate.
b) Interest Payment: The question of interest payment arose after the Tribunal's determination of unutilized Cenvat credit. The resolution of this issue depended on the Tribunal's factual findings regarding the availability of excess unutilized credit. The order was set aside, and the appeal was directed back to the Tribunal for a reevaluation based on the evidence already on record, emphasizing the significance of the Chartered Accountant's certificate in the reconsideration process.

In conclusion, the appeal was admitted on substantial questions of law, and the High Court's decision focused on the Tribunal's treatment of evidence, particularly the Chartered Accountant's certificate, in determining the appellant's unutilized credit balance and the consequent interest payment obligations. The judgment underscored the importance of reasoned decisions and thorough consideration of evidence in tax matters, leading to the restoration of the appeal for further examination by the Tribunal.

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