2013 (11) TMI 1467 - AT - Central Excise

Tribunal overturns denial of CENVAT credit & penalties, orders remand for fair investigation

The Tribunal set aside the impugned order denying CENVAT credit on imported inputs and imposing penalties, directing a remand for further investigation. ... Denial of CENVAT credit on inputs Exported – Revenue was of the view that no evidences has been received in the factory for the export – Show cause Notice issued even verification reports were being awaited – Held that:- More than two years have elapsed since the order was passed but still there is no indication of any verification reports having been received by the department from the Commercial Tax Authorities or the Regional Transport Authorities - This is a peculiar scenario which does not appear to augur well for the department - Some amount of evidence was gathered by the investigating officers and some crucial results are being awaited by them - The show-cause notice itself highlighted the crucial character of the evidence being awaited by the department. The department should be given an opportunity to pursue the matter so that the investigations could be completed within a reasonable period of time and appropriate amendment to the show-cause notice by way of addendum or corrigendum could be made and the parties could be given a reasonable opportunity of contesting the show-cause notice so amended and of being personally heard also – order set aside and the case is remanded so as to enable the department to endeavour to obtain relevant verification reports from the authorities concerned - amend the show-cause notice (if need be) on that basis and undertake de novo adjudication of the case after following the principles of natural justice. Issues Involved:1. Denial of CENVAT credit on imported inputs.2. Imposition of penalties on the firm and its functionaries.3. Verification of transportation of goods from port to factory.4. Adequacy of evidence supporting the denial of CENVAT credit.5. Need for remand and further investigation.Analysis:1. Denial of CENVAT Credit on Imported Inputs:The main issue in this case revolves around the denial of CENVAT credit amounting to Rs. 1,77,93,951 on inputs imported by a partnership firm. The firm, Rajeshwari Copper Products, claimed the credit for copper scrap druids imported in 159 consignments. The Department, following investigations, proposed to deny the credit as they did not find evidence of the inputs being received at the Bangalore factory. The firm contested this proposal, leading to the confirmation of the demand and imposition of penalties by the adjudicating authority.2. Imposition of Penalties:Apart from the denial of CENVAT credit, penalties were also imposed on the firm and its functionaries. The Managing Partner and Manager of the firm were aggrieved by these penalties. The arguments put forth by the learned counsel for the appellants highlighted the lack of conclusive evidence supporting the non-receipt of materials in the Bangalore factory, emphasizing the importance of verification reports from relevant authorities.3. Verification of Transportation of Goods:The crux of the matter lies in the transportation of goods from the port to the factory. The appellants claimed that the materials were indeed transported from the port via Bhiwandi to Bangalore, providing essential particulars and documentation to support their claim. However, the Department raised doubts regarding the actual receipt of the inputs in the Bangalore factory, leading to the initiation of the dispute.4. Adequacy of Evidence Supporting Denial of CENVAT Credit:The arguments presented by both parties revolved around the sufficiency of evidence supporting the denial of CENVAT credit. While the Department relied on statements from the Managing Partner and transporters that did not favor the appellants' case, the appellants stressed the importance of pending verifications from Commercial Tax and Regional Transport Authorities to ascertain the validity of their transportation claims.5. Need for Remand and Further Investigation:Considering the peculiar facts and circumstances of the case, the Tribunal decided to dispose of the appeals by way of remand. The show-cause notice itself highlighted the critical nature of pending verifications related to transport documents and vehicles. The Tribunal emphasized the need for investigations to be completed, amendments to the show-cause notice, and adherence to principles of natural justice before reaching a final decision. The impugned order was set aside, allowing the department to obtain relevant verification reports and conduct a fresh adjudication following due process.This detailed analysis encapsulates the key issues, arguments, and the Tribunal's decision in the legal judgment, addressing the complexities surrounding the denial of CENVAT credit and the need for further investigation and remand in the case.