2025 (6) TMI 2057 - AT - Central Excise

Cenvat credit restored where Revenue failed to prove inputs not received; denial based on assumption overturned

M/s JS Khalsa Steels Pvt Ltd., M/s Salasar Casting Versus Commissioner of Central Excise and Service Tax, Ludhiana

M/s JS Khalsa Steels Pvt Ltd., M/s Salasar Casting Versus Commissioner of Central Excise and Service Tax, Ludhiana - TMI ISSUES PRESENTED AND CONSIDERED 1. Whether Cenvat credit can be denied to a manufacturer when Revenue alleges upstream transactions were 'paper' transfers and the intermediary supplier did not physically receive or supply the goods. 2. Whether Cenvat credit may be denied in absence of any investigation or corroborative evidence directed against the recipient-manufacturer, transporter, or supplying trader to prove non-receipt/non-supply of inputs. 3. Whether differential treatment (allowance of credit to another similarly placed entity on identical facts) amounts to impermissible discrimination in denial of Cenvat credit. 4. The extent and allocation of burden of proof on Revenue to rebut the manufacturer's claim of receipt and use of inputs when duty on final product has been discharged. ISSUE-WISE DETAILED ANALYSIS Issue 1: Denial of Cenvat credit based on allegation of upstream 'paper' transactions Legal framework - Cenvat credit is admissible where inputs are received and used in manufacture, subject to statutory conditions; denial is justified only on proof that inputs were not actually received or were fraudulently claimed. Precedent Treatment - The Court referred to and relied upon existing tribunal authority that refused denial of credit where Revenue had not established non-receipt by independent investigation (citing analogous tribunal decision relied upon by appellants). Interpretation and reasoning - The Court examined the material on record and found no investigation or evidence proving that the intermediary trader or first-stage dealer actually failed to receive goods or that the manufacturer did not receive inputs. The appellants had used the inputs in manufacture of final products on which duty was paid; Revenue produced no evidence to indicate alternative sources for those inputs or that the inputs were not used. Denial of credit on conjecture, assumption or presumption of paper transactions without corroboration was held impermissible. Ratio vs. Obiter - Ratio: Cenvat credit cannot be denied solely on allegations of upstream paper transactions in absence of tangible investigation/evidence establishing non-receipt or fraudulent transfer. Obiter: Implicit suggestion that physical investigation of transporters and upstream parties is a relevant means to establish non-receipt. Conclusion - Denial of Cenvat credit on the basis of alleged paper transactions was not sustainable where Revenue failed to produce investigative or corroborative evidence that the inputs were not received or not used in manufacture. Issue 2: Sufficiency of investigation/corroborative evidence to deny credit Legal framework - Administrative denial of input tax credit requires positive proof; mere suspicion or record of irregularities upstream does not suffice. Investigation into supply chain, transporters and intermediary parties is a recognized means to establish fraud or non-receipt. Precedent Treatment - The Court applied the approach of earlier appellate findings that absent investigation of the intermediary supplier and transporters, credit denial lacks foundation, and followed that line of authority in reaching its conclusion. Interpretation and reasoning - The record showed no investigation after the intermediary (first-stage dealer) to verify receipt or dispatch of goods, nor any probe into transporters claimed to have moved goods. The Court emphasized that without enquiries into these linkages Revenue could not logically assert non-receipt by the manufacturer. Moreover, the appellants demonstrated use of inputs in manufacture with resultant duty payment on final goods, which the Revenue did not rebut by showing alternative acquisition of inputs or disappearance of goods. Ratio vs. Obiter - Ratio: Administrative action to deny credit requires concrete investigative outcomes or corroborative documentary/physical evidence; absence of such investigation renders the denial arbitrary. Obiter: The Court noted the utility of transporter verification and upstream record examination as proper investigative steps. Conclusion - In absence of investigation or corroborative evidence against the appellants, transporters, or intermediary suppliers, denial of Cenvat credit was unwarranted and set aside. Issue 3: Alleged discrimination by allowing credit to another similarly placed party on same factual matrix Legal framework - Decisions in similar factual circumstances should be consistent; unequal treatment without justification may amount to arbitrariness. Precedent Treatment - The Court treated the earlier appellate order allowing credit to a similarly situated entity (on identical investigation facts) as persuasive on the issue of consistency and as an indicator that credit was not inherently unsustainable on the factual matrix. Interpretation and reasoning - The Court noted that another entity in the same investigation was allowed Cenvat credit by the Commissioner (Appeals) on grounds that no corroborative investigation had been produced against that entity. The absence of comparable investigative findings against the appellants, coupled with allowance to the other entity, indicated inconsistency and supported the conclusion that denial to these appellants was unjustified. Ratio vs. Obiter - Ratio: Comparable treatment in similar cases is required; where one party is granted relief on lack of evidence/investigation, another similarly situated party cannot be denied relief on identical absence of evidence. Obiter: The Court implicitly discourages selective reliance on upstream allegations without uniform evidentiary basis. Conclusion - Differential treatment without differing factual or evidentiary grounds amounted to inappropriate discrimination; the appellants were entitled to the same relief granted to the similarly placed entity. Issue 4: Burden of proof and effect of payment of duty on final products Legal framework - The onus to prove fraudulent or non-genuine credit claims rests with the Revenue; payment of duty on final product that incorporated claimed inputs is a material fact supporting the genuineness of credit claimed. Precedent Treatment - The Court followed established principle that Revenue must establish, by evidence, that inputs were not actually received or used, and that mere suspicion does not shift the burden. Interpretation and reasoning - The appellants asserted receipt and actual use of inputs; the record of duty paid on manufactured outputs reinforced that assertion. The Revenue did not show from where inputs would have been sourced if not received as claimed nor provide evidence that contradicted the manufacturer's production records. Accordingly, the Court concluded that burden to disprove receipt remained on Revenue and was unmet. Ratio vs. Obiter - Ratio: Payment of duty on resultant goods combined with absence of contrary evidence from Revenue strengthens the manufacturer's entitlement to Cenvat credit; burden to disprove accrues to Revenue. Obiter: The Court highlighted practical investigatory steps Revenue may take to meet its burden (e.g., transporter verification, upstream supplier enquiries). Conclusion - The Revenue failed to discharge the burden of proof to justify denial of credit; payment of duty on final products reinforced entitlement to the claimed Cenvat credit. Overall Disposition The Court set aside the impugned orders denying Cenvat credit, holding that appellants were entitled to the credit already taken; the appeals were allowed with consequential relief. The decision rests on absence of investigative or corroborative evidence, failure of Revenue to discharge burden of proof, and the requirement of consistent treatment of similarly situated taxpayers.