2021 (10) TMI 333 - HC - Central Excise

CENVAT Credit - alleged bogus, fake and fabricated invoices - HELD THAT - The impugned judgment and order, being a common one, the main issues and all aspects of the challenge to the common judgment and order of the Tribunal, have already been dealt in Central Excise Appeal No. 1 of 2020 by this Court and the entire proceedings being common, the judgment rendered therein will squarely apply in toto in respect of the instant Appeal. Appeal disposed off.

Summary

Issues:
Appeal under section 35G of the Central Excise Act against CESTAT's judgment dismissing the appeal, Allegations of availing Cenvat Credit on bogus invoices, Adjudication order dropping charges against the respondent, Appropriation of deposited amount, Tribunal's order reversing appropriation and rejecting Revenue's appeals.

Analysis:

1. The appeal was filed by the Revenue against the CESTAT's judgment that dismissed the appeal against the adjudication order dropping charges against the respondent. The respondent had availed Cenvat Credit on machinery purchased from various suppliers, including M/s. Ishaan Technologies. A show-cause notice alleged that the respondent utilized Cenvat Credit based on fake invoices from M/s. Ishaan Technologies, leading to a demand for recovery of Cenvat Credit and penalties.

2. The adjudication proceedings involved multiple parties, including M/s. Ishaan Technologies and other co-noticees. The Commissioner confirmed allegations against M/s. Ishaan Technologies but dropped proceedings against the respondent. An amount deposited by the respondent under protest was appropriated towards the duty demand confirmed against M/s. Ishaan Technologies from a different show-cause notice.

3. Aggrieved by the order of appropriation and adjudication, the respondent and other co-noticees filed appeals before the Tribunal. The Tribunal's common order allowed the appeals of M/s. Ishaan Technologies and co-noticees, rejecting the Revenue's appeals and reversing the appropriation order against the respondent.

4. The High Court considered the impugned judgment and order of the Tribunal dated 18th December, 2019, in the instant appeal. Since the issues were already addressed in a related case, the present appeal was disposed of in accordance with the judgment and order passed in Central Excise Appeal No. 1 of 2020, which had dealt with the main issues comprehensively.

5. Consequently, the High Court disposed of the appeal based on the judgment and order from the related case, thereby concluding the matter in light of the previous judgment's applicability to the instant appeal.

This detailed analysis covers the main issues and the progression of events leading to the final disposition of the appeal by the High Court.