2021 (8) TMI 1152 - AT - Central Excise

CENVAT Credit - appellant did not produce the original copy of the Bills of Entry for verification before the department - HELD THAT - When the matter was called for hearing, the learned Advocate appearing for the appellant submitted that the certificate issued by the Jurisdictional Customs Authorities, certifying that appropriate duty liability had already been discharged in respect of the goods imported under the disputed Bills of Entry. It is evident that the duty paid character of the goods and receipt of the same in the factory for use in the intended purpose have been duly complied with. On the strength of the certificate issued by the Jurisdictional Customs Authorities, the cenvat benefit should be available to the appellant - Appeal allowed - decided in favor of appellant.

Summary

Issues:
1. Denial of cenvat credit based on photocopies of Bills of Entry.
2. Disallowance of cenvat credit, interest, and penalty by the original authority.
3. Upholding of demands by the Commissioner (Appeals).
4. Rejection of appeal by the Tribunal due to non-submission of Bills of Entry.
5. Decision of the Hon'ble Bombay High Court to set aside the Tribunal's order.
6. Submission of certificate by Jurisdictional Customs Authorities.
7. Availability of cenvat benefit based on the certificate.
8. Appeal allowed in favor of the appellant.

Analysis:

1. The appellant, engaged in manufacturing Parts of Brakes, availed cenvat credit on Central Excise Duty, CVD, and Service Tax for inputs using photocopies of Bills of Entry. The audit wing observed this and initiated proceedings for denial of cenvat benefit due to the lack of original Bills of Entry for verification.

2. The original authority disallowed cenvat credit amounting to ?43,24,161/-, along with interest and penalty. The Commissioner (Appeals) upheld these demands in the order dated 13.11.2013, leading to the appellant's appeal before the Tribunal.

3. The Tribunal partly rejected the appeal in 2017 due to non-submission of Bills of Entry or certificates from Customs Authorities. This decision was challenged in the Hon'ble Bombay High Court, which, in 2019, set aside the Tribunal's order for a decision on merits.

4. During the recent hearing, the appellant's advocate presented a certificate from Jurisdictional Customs Authorities confirming the discharge of appropriate duty liability for the imported goods under the disputed Bills of Entry. It was argued that the duty paid nature of the goods and their use in the factory complied with requirements.

5. Considering the certificate's validity, the Member (Judicial) concluded that the cenvat benefit should be available to the appellant. The earlier decision by the Commissioner (Appeals) was deemed unjustified, leading to the setting aside of the impugned order and allowing the appeal in favor of the appellant.

6. The judgment emphasized the importance of complying with procedural requirements, such as providing necessary documentation like Bills of Entry, and highlighted the significance of certificates from relevant authorities in establishing the legitimacy of claims for cenvat credit.