2019 (1) TMI 316 - AT - Central Excise

Tribunal overturns penalties and demands on CENVAT Credit misuse due to lack of evidence

Shri. C. Sukumaran, Managing Director of M/s. Sueera Alloys Global (P) Ltd., Coimbatore Versus The Commissioner of G.S.T. & Central Excise, Coimbatore

Shri. C. Sukumaran, Managing Director of M/s. Sueera Alloys Global (P) Ltd., Coimbatore Versus The Commissioner of G.S.T. & Central Excise, Coimbatore - ... Issues: Alleged wrongful availing of CENVAT Credit based on fictitious documents.Analysis:1. The case involved allegations of the appellants availing CENVAT Credit wrongly on inputs using fictitious documents from a Second Stage Dealer (M/s. SIT).2. The officers visited the appellants' premises and found discrepancies in the description of goods purchased and sold by M/s. SIT, indicating possible misuse of CENVAT Credit.3. The appellants were accused of purchasing scraps but availing credit for MS Wires/Coils, leading to suspicion about the transactions' genuineness.4. The Revenue alleged that the appellants availed significant amounts of credit based on invoices from M/s. SIT, which were thoroughly scrutinized.5. A Show Cause Notice was issued proposing recovery of ineligible CENVAT Credit, along with penalties, based on evidence and statements gathered during the investigation.6. The Order-in-Original ordered recovery of CENVAT Credit and penalties, which the appellants challenged through appeals.Legal Arguments:1. The appellants argued that they followed all rules, received raw materials, and utilized inputs without dispute, questioning the reliance on uncorroborated statements.2. They contended that the statements lacked specific admissions, and all dealers were registered, supplying goods as per purchase orders, while the appellants regularly filed returns with all CENVAT documents.3. The Managing Director denied the allegations, challenging the basis for imposing penalties under the Central Excise Rules.4. The Revenue supported the lower authorities' findings, emphasizing the evidence gathered during the investigation.Judgment:1. The Tribunal noted the absence of statements from key individuals for evaluation, highlighting the lack of specific findings on the appellants' contentions.2. The appellants did not request cross-examination, unlike in a referenced case where dealers retracted statements post cross-examination.3. Statements from the Chief Chemist and Purchase Officer of the appellant indicated proper testing and receipt of scraps, contradicting the Revenue's allegations.4. The adjudicating authority's conclusions were based on insufficient evidence, with no solid documentary support for the allegations.5. Consequently, the Tribunal found the Department failed to prove the allegations satisfactorily, leading to setting aside the demand and the impugned Order, allowing the appeals with consequential benefits.This comprehensive analysis outlines the issues, legal arguments, and the Tribunal's judgment regarding the alleged wrongful availing of CENVAT Credit based on fictitious documents.