2020 (11) TMI 351 - AT - Central Excise

Tribunal Affirms Cenvat Credit Eligibility Based on Consignee Details in Invoices, Grants Appeal and Benefits.

M/s. Devcon Systems & Projects Private Limited Versus Commissioner of CGST & CX, Kolkata South Commissionerate

M/s. Devcon Systems & Projects Private Limited Versus Commissioner of CGST & CX, Kolkata South Commissionerate - TMI Issues:Irregular availment of Cenvat credit against invoices from a registered dealer, disallowance of Cenvat credit by the adjudicating authority, rejection of appeal by lower appellate authority, entitlement to Cenvat credit based on consignee details in invoices, applicability of Circular No. 1003/10/2015-CX, question of suppression by the appellant.Analysis:The case involved the appellant, engaged in manufacturing various components, facing a show cause notice for irregular Cenvat credit availment against invoices from a registered dealer, M/s. Roshanlal Bhagirathmal. The department alleged that the inputs were not purchased from the said dealer, leading to disallowance of credit, demand confirmation, interest imposition, and penalty under Rule 15(2) of Cenvat Credit Rules, 2004. The lower appellate authority upheld this decision, prompting the appellant to appeal to the Tribunal.The appellant's representative argued that as the consignee details were mentioned in the invoices from manufacturers, Cenvat credit was valid, citing Circular No. 1003/10/2015-CX and Circular No. 218/52/96-CX. They contended that the vendor acted as a transit seller, fulfilling all conditions for credit availment. Additionally, it was highlighted that the appellant did not dispute receiving the inputs, emphasizing that the transactions were not merely paper transactions. The appellant also argued against the issuance of the show cause notice, claiming no suppression on their part.The Tribunal, after hearing both sides, referred to Circular No. 1003/10/2015-CX, clarifying that if the manufacturer's invoice listed the appellant as the consignee, Cenvat credit was permissible even if the buyer was unregistered. Citing the case of Hydro Electro Machinery, the Tribunal emphasized that credit was admissible when the consignee's name appeared on the invoices, regardless of the purchase transaction details. As the facts of the case aligned with the Tribunal's precedent, the impugned orders were set aside, and the appeal was allowed with consequential benefits.In conclusion, the Tribunal's decision was based on the interpretation of relevant circulars and established legal principles regarding Cenvat credit availment, emphasizing the importance of consignee details in invoices for credit eligibility, ultimately ruling in favor of the appellant due to the alignment of the case facts with established legal precedents.