2004 (3) TMI 140 - AT - Central Excise

Summary

Issues:
- Undervaluation of goods due to incorrect determination of value
- Validity of supplementary invoices for availing Cenvat credit
- Imposition of penalty on units and officers

Undervaluation of goods due to incorrect determination of value:
The appeals arose from adjudication orders by the Commissioner of Central Excise regarding undervaluation of goods manufactured by three units of a company. The units were receiving inputs from their own units and others without determining the value as required by the Central Excise Valuation Rules, resulting in undervaluation during a specific period. The department issued show cause notices proposing recovery of wrongly availed Cenvat credit and imposition of penalties on the units and their officers. The Commissioner confirmed the demands and imposed penalties, leading to the appeals.

Validity of supplementary invoices for availing Cenvat credit:
The appellants availed Cenvat credit based on supplementary invoices issued for the duty paid. The department contended that the supplementary invoices were invalid documents, leading to the issuance of show cause notices proposing recovery of wrongly availed credit and penalties. The Tribunal analyzed the validity of the supplementary invoices issued by different units of the appellants and input suppliers. It was held that the differential duty did not become recoverable due to fraud, collusion, misstatement, or suppression, making the supplementary invoices valid for availing credit. The Tribunal emphasized that the burden of proving recoverability due to fraud or suppression lies on the Revenue, and in the absence of such findings, the appellants were eligible for the credit.

Imposition of penalty on units and officers:
The Commissioner had imposed penalties on the units and their officers for the alleged violations. However, the Tribunal found that since the differential duty paid was not due to fraud, suppression, or misstatement, the penalties were unsustainable. The Tribunal set aside the penalties imposed on the appellant units and their officers, along with the denial of credit. It was concluded that the appellants were entitled to the credit of the amounts in question, leading to the setting aside of the impugned orders and allowing the appeals.