2012 (9) TMI 675 - AT - Central Excise

Ineligible cenvat credit - invalid invoices - address of appellant s other unit is mentioned - Held that - Considering the submission of assessee in three files containing approximately 1500 documents, in farm of endorsed invoices, copy of GRN, copy of statutory records, copy of issue register, copy of party s ledger etc it can be concluded that these documents indicate, appellant could have received the inputs in the factory premises wherein they have availed the cenvat credit. As the adjudicating authority should have gone into detail of document the issue needs to be reconsidered by the adjudicating authority on this ground itself - remand the matter back to for reconsideration - in favour of assessee by way of remand.

Summary

Issues:
Waiver of pre-deposit of duty, interest, and penalty based on availed cenvat credit on documents addressed in another unit's name.

Analysis:
The appellant filed a stay petition seeking waiver of pre-deposit of a substantial amount of duty, interest, and penalty, which were confirmed by the adjudicating authority due to the appellant availing ineligible cenvat credit on documents/invoices addressed in the name of another unit. The appellant argued that they had availed the credit based on documents for inputs received in a new unit, where the purchase orders were mistakenly addressed to the old unit. Despite submitting a plethora of documents to prove receipt and utilization of inputs, the adjudicating authority summarily dismissed the evidence, leading to the appeal.

The Tribunal noted that the issue revolved around whether the appellant could establish the receipt and consumption of the inputs for which the cenvat credit was claimed. The appellant had provided detailed responses and submitted numerous documents supporting their claim. However, the adjudicating authority failed to delve into the documents presented, merely concluding that the appellant had not proven receipt and consumption of the inputs. Consequently, the Tribunal found that a detailed examination of the documents was necessary to determine the validity of the appellant's claim for cenvat credit.

In light of the above, the Tribunal allowed the appeal by remanding the matter back to the adjudicating authority for a fresh consideration. The adjudicating authority was directed to reevaluate the issue, particularly focusing on the documents submitted by the appellant to establish the receipt and utilization of the inputs. The Tribunal emphasized the importance of a factual analysis and adherence to the principles of natural justice in reaching a conclusion regarding the eligibility of the appellant for the cenvat credit. The decision to remand the case was based on the need for a more thorough examination of the evidence presented by the appellant to ensure a just and fair outcome.