2008 (4) TMI 713 - AT - Central Excise

Tribunal rules in favor of Steel Tubes India Ltd. in credit denial case

The Tribunal ruled in favor of the appellant, M/s Steel Tubes of India Ltd., in a case involving the denial of credit for HR side slits and an allegation ... CENVAT credit - duty paying invoices - fake invoices - job-work - HR side slittings - evidence - time limitation Issues:- Denial of credit to the appellant for HR side slits- Allegation of suppression with intent to evade payment of dutyDenial of credit to the appellant for HR side slits:The case involved an appeal against the denial of credit to M/s Steel Tubes of India Ltd. The appellant was engaged in manufacturing MS pipes and tubes and had received HR coils for slitting on a job work basis from M/s Siddharth Tubes Ltd. The dispute arose when the appellant was denied credit based on discrepancies in the invoices, specifically regarding the vehicle numbers not being of trucks. The Revenue contended that goods were not physically moved, only documents were transferred. However, the appellant argued that they had received and used the inputs for manufacturing final products, supported by statutory records and evidence of payment through banking channels. The Tribunal noted that out of 132 consignments, only 43 had discrepancies in vehicle numbers. The Tribunal also considered a similar case involving M/s Siddharth Tubes where the demand was set aside due to additional evidence. Ultimately, the Tribunal found no evidence to suggest diversion of inputs and ruled in favor of the appellant, setting aside the demand and penalties.Allegation of suppression with intent to evade payment of duty:The Revenue alleged suppression with intent to evade payment of duty, citing discrepancies in vehicle numbers on invoices and statements from transporters denying the transportation of goods. However, the appellant argued that mandatory returns were regularly filed and invoices were submitted to the Revenue, indicating no intent to evade payment. The Tribunal considered the evidence presented, including records of payments through banking channels and the absence of evidence supporting the Revenue's allegations. As a result, the Tribunal set aside the demand and penalties, ruling in favor of the appellant.In conclusion, the Tribunal found in favor of the appellant, setting aside the denial of credit for HR side slits and the allegation of suppression with intent to evade payment of duty. The decision was based on the lack of concrete evidence supporting the Revenue's claims and the appellant's documentation and payment records, ultimately leading to the allowance of the appeals.