CENVAT credit survives clerical invoice errors when input receipt and use are proven; extended limitation requires wrongful conduct.
CENVAT credit remains admissible where invoice errors in plant number or registration particulars are merely clerical and the eligible unit establishes receipt, accounting, payment and use of inputs through contemporaneous records. Separate registrations and accounts for different plants do not defeat credit when the goods are demonstrably received and used by the claimant unit. Extended limitation is unavailable where transactions are recorded in regular books and there is no diversion, fraud, suppression or other wrongful conduct. Consequently, credit disallowance and the related demand cannot be sustained, with consequential relief available in accordance with law.
Issues: (i) Whether CENVAT credit was inadmissible merely because the invoices carried the wrong plant number or registration particulars despite receipt and use of the inputs by the claimant unit; (ii) whether the Revenue could invoke the extended period of limitation in the absence of any allegation of diversion, fraud, or other wrongful conduct.
Issue (i): Whether CENVAT credit was inadmissible merely because the invoices carried the wrong plant number or registration particulars despite receipt and use of the inputs by the claimant unit.
Analysis: The invoices were found to suffer from clerical mistakes in describing the exact plant number, but the inputs were correlated through purchase orders, inward receipt records, SAP-generated documents, and banking records. The goods were received in the appellant's Plant No. 9, entered in the books, and used in manufacture. The existence of separate registrations and accounts for the different plants did not alter the factual position that the inputs reached the eligible unit and were duly accounted for.
Conclusion: The credit was admissible and could not be denied on the basis of the clerical errors in the invoices.
Issue (ii): Whether the Revenue could invoke the extended period of limitation in the absence of any allegation of diversion, fraud, or other wrongful conduct.
Analysis: The record disclosed no allegation of diversion of raw materials, suppression of facts, or fraudulent activity. The transactions were recorded in the regular books of account and the discrepancy was only procedural in nature. On that factual foundation, the case did not justify invocation of the extended limitation period.
Conclusion: The extended period of limitation was not available to the Revenue.
Final Conclusion: The demand could not be sustained, the disallowance of credit was set aside, and the assessee was held entitled to consequential relief in law.
Ratio Decidendi: CENVAT credit cannot be denied for a merely clerical error in invoice particulars when receipt, accounting, payment, and use of inputs by the eligible unit are established, and the extended period of limitation is unavailable absent fraud, suppression, or diversion.