2016 (12) TMI 769 - AT - Central Excise

CESTAT Chandigarh: Manufacturer buyer wins Cenvat Credit case on Aluminum Scrap penalties

M/s Suren Metals, Royal Aluminum Co. Pvt. Ltd. and Shiv Shakti Extrusions Ltd. Versus CCE, Gurgaon & Rohtak

M/s Suren Metals, Royal Aluminum Co. Pvt. Ltd. and Shiv Shakti Extrusions Ltd. Versus CCE, Gurgaon & Rohtak - 2016 (342) E.L.T. 598 (Tri. - Chan.) Issues:- Denial of Cenvat Credit to manufacturer buyer- Imposition of penalty on all the appellantsAnalysis:The appeal before the Appellate Tribunal CESTAT Chandigarh involved the denial of Cenvat Credit to the manufacturer buyer of Aluminum Scrap and the imposition of penalties on all the appellants. The case revolved around M/s Suren International importing aluminum scrap and selling it through a consignment agent to various manufacturer buyers. The dispute arose as invoices were issued from the head office in Delhi, while the goods were stored in a godown in Gurgaon. The main contention was that this arrangement made the Cenvat credit unavailable to the manufacturer buyer.The Tribunal noted that the goods were indeed stored in Gurgaon as per the invoices, and it was undisputed that the goods had not been received by the buyer. However, the payment for these goods had been received by the importer from the manufacturer buyers. In light of these facts, the Tribunal held that denying the Cenvat credit to the manufacturer buyer was not justified. Consequently, the Tribunal set aside the impugned proceedings and allowed the appeals, providing for any consequential relief deemed necessary.In conclusion, the Tribunal found that the mere issuance of invoices from a different location than the storage of goods did not warrant the denial of Cenvat credit to the manufacturer buyer. The decision emphasized the importance of considering the actual receipt of goods and the payment made in determining the eligibility for Cenvat credit.