2017 (10) TMI 1025 - AT - Central Excise

CENVAT credit - case of appellant is that their being no proof or allegation for clearance of the raw materials from their factory the denial of credit is not justified - Held that - The Hon ble Apex Court in the case of Central Excise Vs Maruti Suzuki India Ltd. 2015 (8) TMI 493 - SUPREME COURT has rejected the Revenue s appeal on the ground that such shortages of inputs are due to accounting error and there being no physical shortage with any allegation of clandestine removal the credit cannot be disallowed - appeal allowed - decided in favor of appellant.

Summary

Issues: Recovery of Cenvat credit due to shortage of inputs, justification for denial of credit based on inventory shortage, applicability of previous tribunal and high court decisions, impact of Supreme Court ruling on similar cases.

Analysis:

1. The case involved the recovery of Cenvat credit by the authorities due to a shortage of inputs in the appellant's manufacturing process. The appellant, a manufacturer of seats for motor vehicles, utilized Cenvat credit for duty paid on inputs and service tax for payment of Central Excise duty. A Statement of Demand was issued proposing recovery of credit amounting to ?34,447 along with interest and penalty based on shortages noted in the inventory from 2014-15 to 2015-16.

2. The appellant argued that the shortage of inputs, amounting to only 0.56% compared to inventory, was due to discrepancies in weight-based issuance of inputs versus number-based credit taken. They contended that without evidence of clearance of raw materials, denial of credit was unjustified. The appellant referenced a Tribunal decision in Maruti Udyog Ltd. case, which was not followed by the Commissioner citing a Bombay High Court decision. However, the Supreme Court in Commissioner of Central Excise Vs Maruti Suzuki India Ltd. held that shortages due to accounting errors without physical shortage or clandestine removal cannot lead to credit disallowance.

3. The Tribunal, relying on the Supreme Court's decision in Maruti Suzuki India Ltd. case, concluded that the issue of shortages in inputs leading to credit denial had been settled. As the Supreme Court upheld the Tribunal's decision, the impugned orders were set aside, and the appeal was allowed with consequential relief. This judgment highlights the importance of distinguishing between accounting errors and actual shortages in determining the eligibility of Cenvat credit, aligning with the Supreme Court's interpretation of the law in similar cases.

This detailed analysis of the judgment provides a comprehensive overview of the issues involved, the arguments presented by the parties, and the legal principles applied by the Tribunal in reaching its decision.