2006 (5) TMI 10 - AT - Central Excise

Central Excise Appellant received the goods and payment made under the invoice cannot be considered as fake merely on the basis that goods were shown to have been transported on vehicles which could not have carried the goods Recovery of duty Demand

Summary

Issues:
Stay application by Revenue against Commissioner (Appeals) order.

Analysis:
The Revenue filed stay applications against the order of the Commissioner (Appeals) regarding M/s. Tata Steels Ltd. and M/s. Adhunik Steels Pvt. Ltd. The investigation revealed discrepancies in invoices issued by M/s. TISCO, Mandi Gobindgarh, where vehicles like Scooters, Motorcycles, and Tractors were listed for transporting goods, leading to CENVAT credit misuse. M/s. Adhunik Steels Pvt. Ltd. was responsible for material collection and safe custody, with customers arranging transportation to their premises. The respondents, M/s. B.D. Gupta & Sons and M/s. Makhan Lal Vinod Kumar, received material from Adhunik Steels, paid freight in cash, and claimed Modvat credit. The Department alleged the material was not received by the respondents, who wrongly took credit. However, M/s. Bhawani Shankar Castings argued they received goods under specified vehicle numbers, made payments to dealers, and were unaware of the stock yard arrangements. They insisted any action should target the dealers, not them.

The Tribunal found merit in the respondents' case, noting their payment for received goods and rejecting the claim that invoices were fake due to transport discrepancies. It was deemed unjustified to stay the Commissioner (Appeals) order as the responsibility for duty recovery lay with the dealer who supplied the goods. The stay application by the Revenue was thus dismissed. No arguments were presented for other respondents, and the appeals were scheduled for future hearings.

This judgment highlights the importance of proper documentation and accountability in transactions involving multiple parties, emphasizing the need for clarity in responsibilities and liabilities to prevent misuse of credits and ensure fair enforcement of tax regulations.