2018 (2) TMI 477 - AT - Central Excise

CENVAT credit - job-work - whether goods received back after job work covered under bill/ invoices/ cash memo issued by the job worker and not under duplicate copy of original challan through which goods were sent for job work is a valid document or not? - Held that - the appellant have not violated the provisions of the law/rules in respect to job work as required under the provisions of Rule 4(5)(a) of CCR 2004 - Further, it is not disputed by the Revenue that the goods sent on job work have not been received back. The appellant have to kept proper account of the goods sent on job work and receipt of the same after completion of the job work. Appeal allowed - decided in favor of appellant.

Summary

Issues:
Validity of documents for goods received back after job work.

Analysis:
The issue in this appeal revolved around the validity of documents for goods received back after job work, specifically whether goods received back after job work covered under bill/invoices/cash memo issued by the job worker and not under the duplicate copy of the original challan through which goods were sent for job work is a valid document or not. The appellant, M/s. Nitin Industries, had sent goods for job work to various job workers under job work challans but had not received back the consignments due to the lack of details of return of the goods from the job workers in the job work challans. This led to a discrepancy in the valuation of the consignments and an alleged duty evasion. The show cause notice was issued, demanding duty and proposing interest and penalty for not following the prescribed procedure under the relevant notification. The appellant argued that they had sent goods on proper job work challans, and the job worker had returned the goods via a separate challan containing all necessary information, enabling correlation with the original challan. The appellant also maintained a job work register with detailed entries. The appellant contended that there was no prescribed format of challan for sending goods on job work under the Cenvat Credit Rules applicable during the disputed period. The appellant's compliance with the rules and maintenance of proper records were highlighted.

The Commissioner (Appeal) dismissed the appeal, emphasizing the importance of following the prescribed procedure to ensure a proper correlation between goods sent for job work and goods received back. However, the Tribunal, after considering the arguments from both sides, found that the appellant had not violated the provisions of the law/rules regarding job work as required under Rule 4(5)(a) of CCR, 2004. It was noted that the goods sent for job work had not been received back, and the appellant had maintained proper accounts of the goods sent and received. Consequently, the Tribunal held that the show cause notice was not sustainable, allowing the appeal and setting aside the impugned order. The appellant was granted consequential relief in accordance with the law.

In conclusion, the Tribunal's decision centered on the compliance of the appellant with the relevant rules regarding job work, the maintenance of proper records, and the absence of a violation of the law/rules in this regard. The Tribunal's ruling favored the appellant, emphasizing the importance of maintaining accurate documentation and following the applicable rules and procedures in job work transactions to avoid discrepancies and allegations of duty evasion.