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2016 (12) TMI 269 - AT - Central ExciseEvasion of duty - suppression of facts - defects in documents - job-work - Held that - there is nothing to show that the supplementary invoices were obtained in a surreptitious manner with intend to avail credit wrongly, which the appellants were otherwise not eligible for. Apart from the technical defects, the department does not allege any discrepancy in these documents. This Bench raised a question to Department whether the rectified supplementary invoices are in order. The Ld. AR was fair enough to concede this aspect. In such circumstances, as the defects are proved to be procedural lapses, the denial of credit is unjustifiable especially when after rectification, the invoices are in order. Extended period of limitation - Held that - there is nothing to establish that there is any positive act of fraud, suppression or willful misrepresentation on the part of appellants with intent to evade payment of duty. There being no evidence to establish fraud, suppression of facts, the demand raised invoking the extended period of limitation is unsustainable. Appeal allowed - demand not sustainable - decided in favor of appellant.
Issues Involved:
1. Admissibility of CENVAT credit on supplementary invoices issued by HPCL Terminal. 2. Classification of HPCL Terminal as a 'First Stage Dealer' or a 'Depot'. 3. Procedural lapses versus substantive rights. 4. Invocation of extended period of limitation. 5. Imposition of penalty. Issue-wise Detailed Analysis: 1. Admissibility of CENVAT Credit on Supplementary Invoices: The core issue revolved around whether the supplementary invoices issued by HPCL Terminal (HPCL/T) could be used to claim CENVAT credit. The department argued that according to Rule 9 of CENVAT Credit Rules, 2004, credit on supplementary invoices issued by a 'First Stage Dealer' is not permissible. The appellants countered that the term 'First Stage Dealer' was mentioned inadvertently due to the use of old stationery, and HPCL/T should be considered a depot. 2. Classification of HPCL Terminal: The appellants contended that HPCL/T is a depot of HPCL refinery, not a 'First Stage Dealer'. The supplementary invoices were issued by HPCL/T in its capacity as a depot, and the mention of 'First Stage Dealer' was a technical error. The Tribunal agreed, noting that HPCL/T functioned as an extended arm of the manufacturer and there was no sale involved between HPCL refinery and HPCL/T, thus HPCL/T could not be termed a 'First Stage Dealer'. 3. Procedural Lapses vs. Substantive Rights: The appellants argued that the error in the invoices was a procedural lapse and should not result in the denial of substantive rights. The Tribunal cited previous judgments, including Rupa & Co. v. CCE, Coimbatore and Expo International v. CCE, Kanpur, which established that credit should not be denied for procedural defects if the substantive requirements were met. The Tribunal found that the defect in the invoices was indeed a procedural error and that the appellants had rectified the invoices and provided all necessary documentation. 4. Invocation of Extended Period of Limitation: The department issued a show cause notice invoking the extended period of limitation, alleging suppression of facts. The Tribunal found no evidence of fraud, suppression, or willful misrepresentation by the appellants. The Tribunal noted that the appellants had promptly addressed the issue with the department and HPCL/T, and had taken steps to rectify the error. Therefore, the invocation of the extended period of limitation was deemed unsustainable. 5. Imposition of Penalty: The original authority imposed a penalty equal to the amount of credit availed, which was upheld by the Commissioner (Appeals). The Tribunal, however, found that there was no intention to evade duty and that the error was a technical defect. Given the absence of any fraudulent intent or suppression of facts, the imposition of penalty was unjustified. Conclusion: The Tribunal concluded that the appellants succeeded both on merits and on the ground of limitation. The supplementary invoices, though containing a procedural error, were substantively correct, and the appellants were entitled to CENVAT credit. The extended period of limitation was not applicable, and the penalty imposed was unjustified. The impugned order was set aside, and the appeal was allowed with consequential reliefs.
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