2018 (10) TMI 623 - AT - Central Excise

Tribunal Remands Case on Cenvat Credit Eligibility, Penalty Set Aside

The Tribunal remanded the case to the Commissioner (Appeals) for reconsideration on the eligibility of Cenvat Credit on MS Plates used in manufacturing ... CENVAT Credit - inputs - MS Plates - denial on the ground that the same is not used in the manufacture of Well Platform - Principles of natural justice - Held that:- he detailed submission made by the appellant before the Commissioner (Appeal) which has been recorded but no finding was given, therefore, the Ld. Commissioner (Appeals) has not followed the principles of natural justice. In this position there is no option except the re-consideration of the overall case by the Commissioner (Appeals) - appeal allowed by way of remand. Issues:1. Eligibility of Cenvat Credit on MS Plates used for manufacturing Oil well platform.2. Principles of natural justice not followed by the Commissioner (Appeals).3. Penalty imposition on the Deputy General Manager under Rule 15 of Cenvat Credit Rules 2004.Eligibility of Cenvat Credit on MS Plates:The case involved the appellant, engaged in manufacturing Oil well platforms, seeking Cenvat Credit on MS Plates used for transportation, installation, and counterbalancing. The Revenue denied the credit, arguing the plates were not used in manufacturing the platform. The appellant contended that as per the definition of inputs service, credit is admissible for inputs used directly or indirectly in manufacturing. They argued that since the MS Plates were supplied with the platform, they were integral to the manufacturing process. The appellant cited various judgments to support their claim. The Tribunal noted that the Commissioner (Appeals) failed to provide a finding despite the appellant's detailed submission, thus not following principles of natural justice. Consequently, the Tribunal remanded the case to the Commissioner (Appeals) for reconsideration and a fresh order after granting the appellant a personal hearing.Principles of Natural Justice:The Tribunal observed that the Commissioner (Appeals) did not provide a finding despite the detailed submission by the appellant, indicating a failure to adhere to the principles of natural justice. As a result, the Tribunal set aside the impugned order and directed a reconsideration of the case by the Commissioner (Appeals) to ensure procedural fairness and a reasoned decision.Penalty Imposition on Deputy General Manager:Regarding the penalty imposed on the Deputy General Manager under Rule 15 of the Cenvat Credit Rules 2004, the Tribunal noted that the issue primarily revolved around the interpretation of the definition of inputs service. Given the absence of malafide intention on the part of the employee, the Tribunal concluded that the Deputy General Manager could not be held liable for the penalty. Consequently, the penalty was set aside, and the appeal filed by the Deputy General Manager was allowed.In conclusion, the judgment addressed the eligibility of Cenvat Credit on MS Plates, highlighted the importance of following principles of natural justice in administrative proceedings, and considered the liability of the Deputy General Manager for penalties under the Cenvat Credit Rules 2004.