2023 (11) TMI 608 - AT - Central Excise

Denial of CENVAT Credit - paper transaction - issuing invoices without supplying any goods - who paid the transportation charges? - HELD THAT - On the basis of evidences placed by the Revenue on record, it is held that the appellant assessee was involved only in paper transactions by taking invoices without any receipt of the goods in their premises and thereafter, enabling the recipient of the appellant assessee to take cenvat credit without proper receipt of the goods. The Revenue has made out a case for denial of cenvat credit to the appellant assessee - there are no infirmity in the impugned order and the same is upheld - the appeal filed by the appellant assessee is dismissed.

Summary

Issues involved:
The issues involved in the judgment are related to Central Excise Anti-evasion Team's visit to the registered premises of the appellant, alleged paper transactions availing cenvat credit, denial of cenvat credit, and imposition of penalties.

Summary:

Issue 1: Alleged Paper Transactions and Denial of Cenvat Credit
The facts revealed that the appellant's premises were used by another entity for manufacturing their products, and no activity of the appellant was observed. The appellant defended by stating they procured goods, paid duty, and had sufficient infrastructure for manufacturing. However, discrepancies were found in electricity consumption, balance sheet figures, and transportation charges. The Revenue established that the appellant engaged in paper transactions, enabling cenvat credit without actual receipt of goods. The Tribunal upheld the denial of cenvat credit based on preponderance of probability and lack of manufacturing facility on the appellant's premises.

Issue 2: Imposition of Penalties
The appellant argued against double demand and prosecution case, which they were acquitted from. They contended that the show-cause notice discussions prejudged the proceedings. The Tribunal found circumstantial evidence insufficient to deny other statements. The penalties imposed on the appellant were upheld as the Revenue successfully proved the case of nonreceipt of inputs and involvement in paper transactions.

In conclusion, the Tribunal dismissed the appeal filed by the appellant and allowed the appeals filed by the Revenue, upholding the impugned order for denial of cenvat credit.