2008 (8) TMI 733 - AT - Central Excise

Tribunal overturns Commissioner's decision in favor of manufacturing appellants

The Tribunal set aside the Commissioner (Appeals)' decision and reinstated the original adjudicating authority's order in favor of the appellants, engaged ... Demand - Cenvat/Modvat - Excess credit whether taken Issues involved: Interpretation of shortage in raw material based on Income Tax return and credit availed, reversal of original adjudicating authority's decision by Commissioner (Appeals).In the present case, the appellants, engaged in manufacturing plastic products, were alleged to have short received raw material based on their Income Tax return, leading to excess credit availed. The original adjudicating authority accepted the explanation of yield loss during the conversion process, dropping the demand. However, the Commissioner (Appeals) reversed this decision solely on the basis of the shortage reflected in the Income Tax return, without substantial corroborative evidence. The Tribunal found that the Revenue's case relied solely on the quantity mentioned in the Income Tax return, with no evidence of excess credit availed beyond duty paid by the supplier. Recognizing process loss during production, the Tribunal concluded that the Commissioner (Appeals) acted on assumption rather than concrete evidence. Consequently, the Tribunal set aside the Commissioner's decision and reinstated the original adjudicating authority's order, allowing the appeal in favor of the appellants and providing consequential relief. The stay petition was also disposed of in light of this decision.