2017 (6) TMI 634 - AT - Central Excise

CENVAT credit - denial on the ground of shortage detected by Income Tax Department - Held that - Merely, alleging the shortage of input on the basis of survey conducted by the Income Tax Department, without any corroborative evidence of shortage of inputs, the allegation is not sustainable. Therefore, the CENVAT credit cannot be denied to the appellant - appeal allowed - decided in favor of appellant.

Summary

Issues:
Denial of cenvat credit for shortage detected by Income Tax Department.

Analysis:
The appellant appealed against the denial of cenvat credit due to a shortage detected by the Income Tax Department. The Income Tax survey on the factory premises revealed a shortage, leading to a subsequent visit by Central Excise Officials. However, no discrepancy was found during the Central Excise Department's visit. A show cause notice was issued based on the Income Tax Department's findings, resulting in the denial of cenvat credit, imposition of interest, and penalty. The appellant contested this decision, arguing that the shortage was explained to the Income Tax Department, leading to the closure of proceedings by them. The appellant relied on a tribunal decision in Saini Industries Ltd. to support their case.

The appellant's counsel contended that since no shortage was found during the Central Excise Department's visit, the show cause notice was unnecessary. They emphasized that the explanation provided to the Income Tax Department resulted in the closure of proceedings. The appellant argued that the Revenue cannot deny cenvat credit solely based on the Income Tax Department's findings, citing the Saini Industries Ltd. case. On the contrary, the Revenue supported the denial of cenvat credit, stating that the appellant admitted the shortage of inputs, thus negating the need for further evidence.

The Tribunal noted that the denial of cenvat credit was based on the shortage detected by the Income Tax Department. However, the discrepancy in stock was explained to and resolved by the Income Tax Department, which did not pursue any action against the appellant. The Tribunal highlighted that without corroborative evidence of the alleged shortage, the denial of cenvat credit was unsustainable. Referring to the Saini Industries Ltd. case, the Tribunal emphasized the need for corroborative evidence and dismissed the Revenue's claim solely based on the Income Tax Department's report.

The Tribunal upheld the appellant's appeal, setting aside the impugned order. It emphasized the lack of evidence from the Revenue to support the denial of cenvat credit and highlighted that no shortage was detected during the Central Excise Department's visit. Consequently, the impugned order denying cenvat credit was overturned, and the appeal was allowed with consequential relief.