2009 (4) TMI 558 - AT - Central Excise

Tribunal grants Cenvat credit for duty-paid inputs, overturning denial orders.

The Tribunal allowed the appeals, setting aside the orders denying Cenvat credit to the appellants for alleged fictitious dealer addresses. The Tribunal ... Cenvat/Modvat - Dealers shifting premises ISSUES PRESENTED AND CONSIDERED 1. Whether Cenvat credit can be denied to an assesse(e) where the supplier-dealer's invoiced address is found non-existent or the dealer has shifted premises, despite there being no finding that appropriate duty was not paid, and the inputs were received and consumed? 2. Whether an assesse(e) who procures inputs from a registered dealer and relies on supplier invoices is required to take additional steps beyond ensuring receipt and consumption and reliance on dealer registration to establish entitlement to Cenvat credit under Sub-Rule 7(2) of the Cenvat Credit Rules, 2002 and Rule 9(3) of the Cenvat Credit Rules, 2004? 3. Whether denial of Cenvat credit on a purely technical ground (such as dealer registration/address irregularity) is permissible when the assesse(e) has otherwise complied with conditions of receipt, payment and consumption and the department issued the supplier's registration certificate. ISSUE-WISE DETAILED ANALYSIS Issue 1 - Denial of Cenvat credit where supplier's premises/address is found non-existent though duty, receipt and consumption are not disputed Legal framework: Sub-Rule 7(2) (Cenvat Credit Rules, 2002) and Rule 9(3) (Cenvat Credit Rules, 2004) require that a person availing Cenvat credit shall take reasonable steps to ensure the inputs/capital goods in respect of which credit is taken are goods on which appropriate excise duty has been paid; credit is also governed by documentary verifications evidencing duty payment and receipt/consumption. Precedent treatment: The Tribunal followed higher-court rulings holding that where goods are received, duty payment and use are verifiable, credit cannot be denied merely because certain particulars in documents are deficient or the dealer's address/registration details are irregular. Such precedents were applied rather than distinguished or overruled. Interpretation and reasoning: The adjudicating authority made no finding that the inputs were not duty-paid or that the details in the dealer's invoices as to duty payment were incorrect. The evidence established receipt and consumption of inputs at the appellants' factory premises. Where duty payment and consumption are verifiable from documents, denial solely because the dealer's premises were found vacated or the dealer had shifted is not justified. The registered dealer had been issued a registration certificate by the department, and the assesse(e) had relied upon invoices containing particulars required by the rules. Ratio vs. Obiter: Ratio - credit cannot be denied where duty payment, receipt and consumption are verifiable despite the supplier's address/registration irregularity. Obiter - observations about administrative reasons for delayed registration issuance (e.g., officer's absence) are illustrative but support the principal ratio. Conclusion: Cenvat credit could not be denied on the ground that the supplier's premises were non-existent or shifted where there was no finding that duty was unpaid or that inputs were not received and consumed; the impugned denial was set aside. Issue 2 - Extent of the assesse(e)'s obligation to 'take all reasonable steps' to verify supplier identity and eligibility for credit Legal framework: Sub-Rule 7(2)/Rule 9(3) impose a duty on the recipient to take reasonable steps to ensure eligibility; the requirement is fact-sensitive and tied to verifiability of duty payment and bona fide procurement. Precedent treatment: The Tribunal relied on rulings of superior courts holding that the recipient's obligation does not extend to policing the supplier's internal registration processing or to guaranteeing that the supplier obtains registration by a cut-off date; recipient reliance on a supplier's registration certificate and verifiable duty documents is acceptable. Interpretation and reasoning: The assesse(e)s had procured inputs repeatedly from the same registered dealers, made payments as per invoices, and had documents showing duty payment. There was no evidence that the assesse(e)s knew of any fraud or that invoices misrepresented duty payment. The requirement to take 'all reasonable steps' does not obligate a purchaser to ensure the supplier obtains or maintains registration beyond reasonable reliance on official registration or duty-paid documents, nor to compel supplier actions outside purchaser's control. Ratio vs. Obiter: Ratio - a purchaser who reasonably relies on a supplier's registration and verifiable duty-paid invoices, and who receives and consumes the inputs, satisfies the 'reasonable steps' requirement for Cenvat credit entitlement; denial for failure to investigate supplier internal compliance is impermissible. Obiter - examples of administrative delays in registration processing are explanatory and not central to the legal holding. Conclusion: The assesse(e)s met the statutory standard of reasonable steps by relying on dealer registration and verifiable duty documents; no further investigatory obligation was imposed in the circumstances. Issue 3 - Denial of benefit on technical grounds and remedial fairness Legal framework: Principles of tax law and the Cenvat scheme require that legitimate entitlements not be defeated by purely technical or administrative irregularities when substantive compliance (duty payment, receipt, consumption) is established. Precedent treatment: Higher-court authorities were followed that refuse to deny credit solely on technical grounds when all substantive requisites are satisfied; such decisions emphasized that it would be a travesty of justice to deny benefit for no fault of the purchaser. Interpretation and reasoning: The Tribunal reasoned that it would be unjust to penalize the purchaser for matters such as the supplier's failure to obtain or maintain registration by a cut-off date or for administrative delays beyond the purchaser's control. Where the department itself had issued the supplier's registration certificate and there was no controverting finding on duty payment or use of inputs, denying modvat/Cenvat benefits on a technicality would be improper. Ratio vs. Obiter: Ratio - denial of Cenvat benefits on purely technical grounds is not justified where substantive compliance is present; the decision to set aside the impugned orders is a binding ratio for similar fact patterns. Obiter - policy observations on administrative practicalities are illustrative. Conclusion: Denial of Cenvat credit on technical grounds relating to supplier address/registration, absent any finding of non-payment of duty or non-receipt/use of goods, is unsustainable; impugned orders were set aside and appeals allowed with consequential relief. Cross-references See Issue 1 and Issue 2 - the conclusions on entitlement are interdependent: the absence of any finding that duty was unpaid or that inputs were not received/consumed (Issue 1) informs the conclusion that the assesse(e)'s reliance on supplier registration and invoices satisfied the 'reasonable steps' requirement (Issue 2), leading to the rejection of a technical-grounds denial (Issue 3).