2015 (11) TMI 357 - AT - Central Excise

Tribunal grants Cenvat credit on returned goods, distinguishes loss booked.

The Tribunal partially allowed the appeal regarding the denial of Cenvat credit on returned goods and goods shown as obsolete in the balance sheet. The ... Reversal of cenvat credit on goods lost / written off - returned goods - Held that:- demand in respect of the loss booked under the balance sheet has to be sustained for the reason that if explicitly assessee booked loss is nothing but value which was written off. Therefore on written off value, Cenvat credit is not admissible. Therefore demand of ₹ 1,21,701/- in respect of loss credit is not admissible. CENVAT Credit - returned goods - Rule 16 - Held that:- In the whole proceedings Revenue could not adduce a single evidence by which it can be established that out of the goods covered under five invoices, goods were cleared from the factory without payment of duty. Even if it is accepted that part of the returned goods were defective and cleared as scrap, same was cleared on payment of duty. However, the loss booked in the books of account is on account of said defective parts, credit is not admissible as already held above. - Decided partly in favour of assessee. Issues:1. Denial of Cenvat credit on returned goods.2. Denial of Cenvat credit on goods shown as obsolete in the balance sheet.Issue 1: Denial of Cenvat credit on returned goods:The appellant, engaged in manufacturing excisable goods, availed Cenvat credit on goods initially cleared and returned by customers. The audit revealed discrepancies, leading to a demand to reverse the credit availed. The appellant argued that the returned goods were used in production, with defective parts cleared as scrap on payment of duty. The authorities contended that the credit was inadmissible as the goods were not cleared subsequently. The appellant emphasized Rule 16 compliance and lack of evidence of goods being cleared without duty payment. The Tribunal observed a duplication in the demand, sustaining the denial of credit for loss booked in the balance sheet but allowing credit for returned goods used in production. Lack of evidence for clandestine removal supported the appellant's claim, leading to partial allowance of the appeal.Issue 2: Denial of Cenvat credit on goods shown as obsolete in the balance sheet:The second limb of the demand pertained to denying Cenvat credit on goods shown as obsolete in the balance sheet. The appellant argued that the loss booked was due to design faults, not obsolescence, and the goods were used in production. The authorities alleged inadmissibility based on balance sheet entries. The Tribunal found the loss booked as a write-off, making credit inadmissible. However, as the goods were used in production and no evidence of clearance without duty payment was provided, the credit for returned goods was allowed. The Tribunal differentiated between loss booked and goods used in production, sustaining denial for the former but allowing credit for the latter. The appeal was partly allowed based on these findings.This detailed analysis of the legal judgment provides insights into the issues of denial of Cenvat credit on returned goods and goods shown as obsolete in the balance sheet, highlighting the arguments presented by both parties and the Tribunal's rationale for the decision.