2019 (10) TMI 679 - AT - Central Excise

CENVAT credit - inputs - duty paying invoices - credit has been denied for want of register 23A only - HELD THAT - The document is relevant piece of evidence - Also the ground for denying relief in the order under challenge is the presumption about no possibility of such huge quantity to be transported by one tractor cannot be the sole criteria to adjudicate the impugned issue. Thus, holding the document as prayed to be produced as an utmost important document and that the same was not produced earlier, the matter remanded to the original adjudicating authority with the direction to appellant to produce all relevant record including RG-23 (Part I II) before the authority within 15 days of receiving the notice of the subsequent adjudication - appeal allowed by way of remand.

Summary

Issues:
- Wrongly taken cenvat credit based on allegedly fabricated invoices.
- Rejection of appeal challenging the recovery of cenvat credit.
- Allegations of time-barred show cause notice and lack of sustainability in adjudication.
- Rebuttal on the grounds of irregular cenvat credit availed on amended invoices.
- Request for producing RG23A Register as relevant evidence.
- Remanding the matter for further adjudication based on the production of relevant records.

Analysis:
1. Fabricated Invoices and Cenvat Credit: The appellant was found to have wrongly taken cenvat credit amounting to ?3,13,762 based on invoices that were allegedly fabricated by amending the address details. The Department issued a show cause notice proposing the recovery of the credit along with penalties and interest. The initial proposal was confirmed, leading to the appellant filing an appeal challenging the decision.

2. Adjudication and Rejection of Appeal: During the hearing, the appellant argued that the invoices were issued by their sister concern due to the unavailability of stationary, as the sister concern had recently started operations. The appellant contended that the order was based on presumption and ignorance of their submissions. They also claimed that the show cause notice was time-barred. However, the appeal was rejected, emphasizing discrepancies in the invoices and the lack of supporting documents like RG23A for goods received and payment to the transporter.

3. Rebuttal and Request for Evidence: The authorized representative highlighted discrepancies in the invoices, such as the delivery of unusually large quantities by a single tractor, which raised doubts about the authenticity of the transactions. The absence of essential documents like RG23A and proof of payment to the transporter further supported the decision to deny the cenvat credit based on the amended invoices.

4. Remand for Further Adjudication: Following the arguments, the appellant requested time to produce the RG23A Register as crucial evidence. The Tribunal, considering the significance of the document and the grounds for rejecting the appeal, remanded the matter to the original adjudicating authority. The appellant was directed to submit all relevant records, including RG-23 (Part I & II), within 15 days for a fresh adjudication on the cenvat credit, penalties, and the timeliness of the show cause notice. The decision to remand the case was based on the importance of the document and the need for a comprehensive review of the issues raised.

This detailed analysis of the judgment highlights the key issues, arguments presented by both parties, the Tribunal's considerations, and the decision to remand the case for further adjudication based on the production of essential records.