2023 (12) TMI 1367 - HC - Central Excise

Reversal of credit - Closure of factory - non receipt of goods accompanying invoices stand admitted by all the three parties - HELD THAT - The contention which was however addressed by the appellant was that even if credit had been availed albeit fraudulently, the same would stand reversed at the time of issuance of invoices - This understanding of a reversal of credit is what has been answered against the appellant by the CESTAT. It is thus manifest that the CESTAT was justified and correct in ultimately coming to conclude that reversal of credit would not sustain, at least in the manner as suggested by the appellant. There are no merit in the appeal. The instant appeal along with pending application shall consequently stand dismissed.

Summary

Issues:
Appeal against Customs Excise & Service Tax Tribunal's order upholding Department's view on reversal of credit.

Analysis:
The judgment revolves around the issue of reversal of credit in the context of Cenvat Credits availed fraudulently. The investigation revealed that certain parties did not have the infrastructure to manufacture goods as per invoices, and goods did not accompany the invoices. The appellant contended that even if credit was availed fraudulently, it would be reversed at the time of invoice issuance. However, the CESTAT rejected this argument, stating that the fraudulent credit passed on to the recipient caused a loss to revenue. The CESTAT differentiated between various situations of credit reversal, emphasizing that in this case, harm was caused to the revenue as invoices were issued without accompanying goods. The rules require invoices to have necessary details of goods and duty paid, with goods accompanying the invoice. The investigation confirmed that vehicles mentioned in the invoices were incapable of transporting the goods, indicating paper transactions only. Consequently, the CESTAT's decision to deny the reversal of credit was deemed justified.

The High Court concurred with the CESTAT's reasoning, finding no merit in the appellant's arguments. The appeal was dismissed, and any pending applications were also rejected. The judgment highlights the importance of adhering to the rules governing the availing and reversal of credits, emphasizing the necessity for invoices to accurately reflect transactions and for goods to accompany invoices to validate credit claims.