2016 (12) TMI 903 - AT - Central Excise

Tribunal Allows Appeal on Cenvat Credit for Structural Steel Items

M/s Simplex Castings Ltd. Versus C.C.E. & S.T. Raipur

M/s Simplex Castings Ltd. Versus C.C.E. & S.T. Raipur - TMI Issues: Denial of cenvat credit on structural steel items under chapter 72 of the Central Excise Tariff Act, 1985; Invocation of extended period of limitation for recovery of the amount in question.In the judgment, the appellant contested the denial of cenvat credit on structural steel items such as MS Joists, MS Channels, Steel Plates, CTD Bars, MS Angles, MS Flat, MS Beam under chapter 72 of the Central Excise Tariff Act, 1985. The appellant argued that the disputed goods were used in relation to the manufacture of final products, not as structures or supporting structures of capital goods. The appellant also highlighted that the SCNs issued by the Department were time-barred, as they were issued beyond the limitation period. The appellant contended that since the cenvat credit particulars were reflected in the ER-1 return, the extended period of limitation could not be invoked based on allegations of suppression or misstatement. The appellant referred to previous Tribunal decisions to support the argument that in cases of ambiguity in interpreting statutory provisions, the extended period of limitation should not apply.On the other hand, the Revenue representative reiterated the findings in the impugned order, supporting the denial of cenvat credit on the disputed goods. The Tribunal, after hearing both sides and examining the records, noted that the SCNs were indeed issued beyond the one-year limitation period. The Tribunal considered that since the appellant had informed the Central Excise Department about taking cenvat credit on the disputed goods in the monthly ER-1 return, allegations of suppression or misstatement could not be upheld to justify the invocation of the extended period of limitation. The Tribunal pointed out that Rule 12 of the Central Excise Rules, 2002 placed the responsibility on the proper officer to verify the information provided in the periodical return. Since no objections were raised by the authorities regarding the correctness of the appellant's returns, the Tribunal concluded that the SCN should have been limited to the one-year period from the date of filing the return. Without specific findings of fraudulent activities by the appellant, such as fraud, collusion, or suppression of facts, the Tribunal held that the longer period of limitation could not be invoked to confirm the demand. Consequently, the Tribunal found no merit in the impugned order regarding the limitation aspect, setting it aside and allowing the appeal in favor of the appellant.