2015 (9) TMI 1141 - AT - Central Excise

Admissibility of CENVAT Credit - Credit availed on the Furnace Oil which is used in the generation of steam which is partly supplied to appellant - Held that - As the issue involved has already been remanded back to the Adjudicating Authority by this bench under Order 2014 (9) TMI 686 - CESTAT AHMEDABAD the present case is also required to be remanded to the Adjudicating Authority for ascertaining the same facts - Matter remanded back - Decided in favour of assessee.

Summary

Issues involved:
Admissibility of Cenvat Credit on Furnace Oil used in steam generation supplied to sister concern nearby.

Analysis:

1. Admissibility of Cenvat Credit:
The appellant filed appeals against the OIA passed by the Commissioner (Appeals), Daman, concerning the admissibility of Cenvat Credit on Furnace Oil used in steam generation supplied to a sister concern nearby. The appellant's representative argued that a previous order by the bench had decided in their favor, remanding the matter to the Adjudicating Authority for verification of whether the sister concern's end products were cleared on payment of duty. It was noted that no orders had been passed by the Adjudicating Authority in the earlier remand proceedings. After hearing both sides and examining the case records, the tribunal concluded that since the issue had been remanded back to the Adjudicating Authority in a previous order, the present case also required remand for ascertaining the same facts. The appeals filed by the appellant were allowed by remanding the case to the Adjudicating Authority, with the directive for granting a personal hearing to the appellant before deciding the matter in denovo proceedings.

This judgment emphasizes the importance of proper verification and examination of facts in cases involving the admissibility of Cenvat Credit. The tribunal's decision to remand the case to the Adjudicating Authority underscores the need for a thorough review of the relevant details to ensure a just and informed outcome. The directive for a personal hearing before deciding the matter highlights the procedural fairness and the appellant's right to present their case effectively in denovo proceedings.