2019 (12) TMI 53 - AT - Central Excise

Tribunal allows cenvat credit claim and reverses penalties in clandestine removal case

M/s Shri Hare Krishna Sponge Iron Limited, Manoj Parasrampuria Versus Commissioner of Central Excise and Service Tax, Raipur.

M/s Shri Hare Krishna Sponge Iron Limited, Manoj Parasrampuria Versus Commissioner of Central Excise and Service Tax, Raipur. - TMI Issues:1. Clandestine removal of finished goods against the appellant.2. Cenvat credit on supplementary invoices raised by South Eastern Coalfields Limited for supply of coal.Issue 1: Clandestine Removal of Finished Goods:The appellant, engaged in manufacturing iron and steel products, faced allegations of clandestine removal of finished goods and raw materials after a physical verification revealed shortages. The Revenue calculated a total value of Rs. 40,72,635 for the removed goods, leading to a Central Excise duty liability. The Director's statement acknowledged the shortage and accepted the liability, leading to a show cause notice and subsequent demand. The appellant contested the allegations, arguing that their stockkeeping method based on estimates and volume basis naturally led to variations. They cited a Tribunal precedent where shortages alone did not establish clandestine removal without concrete evidence. The Tribunal found no conclusive evidence of clandestine removal and ruled in favor of the appellant.Issue 2: Cenvat Credit on Supplementary Invoices:The Revenue also raised a demand for disallowance of cenvat credit on supplementary invoices, citing non-payment of duty on certain components. The appellant relied on a Tribunal precedent in a similar case involving South Eastern Coalfields Ltd., where the Tribunal allowed cenvat credit considering the recurring nature of the issue and the absence of fraud or suppression. The appellant's argument was supported by the Tribunal, which held that the appellant was entitled to take cenvat credit on the supplementary invoices. The Tribunal allowed both appeals, setting aside the impugned orders and providing consequential relief to the appellant.In conclusion, the Tribunal found no substantial evidence of clandestine removal against the appellant and upheld their right to claim cenvat credit on the supplementary invoices. The judgment favored the appellant on both issues, leading to the allowance of the appeals and the reversal of the penalties imposed by the Revenue.