2018 (7) TMI 324 - AT - Central Excise

Principles of natural justice - CENVAT Credit - input services - the clauses of agreement were not properly read by the authorities below - Held that - Clause 6 of the proposal/ agreement makes it clear that the agreement was not only for design, fabrication and supply, but also for erection of the Building. Therefore before passing the orders, the authorities have to go through the agreement completely. Justice should not be done but also seen to be done - In any of the orders there are no discussion regarding clause 6 of the proposal/ agreement, which is also one of relevant clauses of the said proposal/ agreement. An agreement has to be read as a whole for arriving at any conclusion. Matter remanded to the adjudication authority for denovo-adjudication after taking into consideration the relevant materials including clause 6 p- appeal allowed by way of remand.

Summary

Issues Involved:
1. Wrong availment of Cenvat Credit
2. Recovery of Cenvat Credit amount
3. Recovery of interest on the amount
4. Imposition of penalty

Analysis:

Issue 1: Wrong availment of Cenvat Credit
The appellant, engaged in the manufacture of XLPE Cables/conductors, entered into an agreement for the construction of a pre-engineered steel building. The Department alleged that the appellant wrongly availed Cenvat Credit and issued a show cause notice. Both the adjudicating authority and the Appellate authority confirmed the allegation. The appellant argued that the authorities did not consider clause 6 of the agreement, which involved the erection of the building in addition to design and fabrication. The Tribunal found that the authorities did not adequately consider clause 6 and remanded the matter for denovo-adjudication after considering all relevant clauses of the agreement.

Issue 2: Recovery of Cenvat Credit amount
The Department sought recovery of the wrongly availed Cenvat Credit amount from the appellant under Rule 14 of Cenvat Credit Rules, 2004. The Tribunal's decision to remand the matter implies that the recovery issue is pending further adjudication based on a comprehensive review of the agreement and relevant clauses.

Issue 3: Recovery of interest on the amount
In addition to the recovery of the Cenvat Credit amount, the Department also sought to recover interest on the said amount. However, since the Tribunal remanded the matter for denovo-adjudication, the question of interest recovery remains subject to further examination and determination based on the complete agreement and relevant clauses.

Issue 4: Imposition of penalty
The Department proposed the imposition of a penalty on the appellant under Rule 15(2) of Cenvat Credit Rules, 2004. The Tribunal's decision to remand the matter implies that the imposition of the penalty is also pending further adjudication after considering all relevant aspects, including clause 6 of the agreement. The appeal was allowed by way of remand, emphasizing the importance of considering the entire agreement for a just decision.

This detailed analysis highlights the key issues addressed in the judgment, the arguments presented by the parties, and the Tribunal's decision to remand the matter for a more comprehensive review based on all relevant clauses of the agreement.