2004 (12) TMI 185 - AT - Central Excise

Summary

Issues:
- Appeal against allowing CENVAT credit on LDO/Furnace Oil quantity
- Interpretation of CENVAT credit rules regarding actual receipt of inputs

Analysis:
The appeal before the Appellate Tribunal CESTAT, New Delhi involved a challenge by the Revenue against the Order-in-Appeal allowing CENVAT credit on the entire quantity of LDO/Furnace Oil to a specific plant. The Revenue contended that the recipients had taken credit for the entire duty despite a shortage in the actual quantities received. The Tribunal noted the contention that CENVAT credit should only be claimed for inputs actually received in the factory. The Revenue relied on a specific case to support its argument. However, the Tribunal considered the nature of LDO/Furnace Oil, highlighting their volatile characteristics prone to evaporation during transportation in tankers.

The Tribunal referenced previous decisions to support its ruling. In the case of Neera Enterprises v. C.C.E., Chandigarh, it was established that a slight difference in weight upon receipt of inputs compared to the invoice weight does not justify denying CENVAT credit. Similarly, in other cases like Sree Meenatchi Aluminium Extrusions Ltd. v. C.C.E. and Bhoruka Textiles Ltd. v. C.C.E., Bangalore, it was held that transit or handling losses of a small percentage should not lead to the denial of duty credit already paid by the recipient. The Tribunal distinguished the case cited by the Revenue, emphasizing the unique facts involved. Ultimately, the Tribunal rejected the Revenue's appeal, aligning with the decisions relied upon by the Commissioner (Appeals) and emphasizing the insignificance of the minor loss percentage in the context of CENVAT credit eligibility.