CENVAT credit requires positive evidence of non-receipt; untested third-party statements cannot justify denial or extended recovery.
CENVAT credit supported by valid invoices, statutory records, receipt and freight documentation, banking payments, and undisputed use in manufacture cannot be denied solely on untested third-party statements. Statements of suppliers or transporters require compliance with the statutory procedure for admission, including examination of the statement-makers, and must be supported by positive evidence of non-receipt or fraudulent availment. In the absence of factory discrepancies, cash reimbursement evidence, or an alternative source of inputs, credit denial, consequential interest, and penalties are unsustainable. Extended limitation also requires proof of fraud, collusion, wilful misstatement, or deliberate suppression with intent to evade duty.
Issues: (i) Whether CENVAT credit, interest and penalty could be sustained on the allegation that inputs and input services were not received, based principally on untested third-party statements; (ii) Whether the extended limitation period could be invoked for recovery of the disputed credit.
Issue (i): Whether CENVAT credit, interest and penalty could be sustained on the allegation that inputs and input services were not received, based principally on untested third-party statements.
Analysis: The credit was supported by valid invoices issued by a registered dealer, statutory records evidencing receipt and credit, gate and goods-receipt records, freight documents, and payments through banking channels. Consumption of the inputs in manufacture and payment of duty on the finished goods were undisputed, while no factory investigation, stock discrepancy, evidence of cash reimbursement, or alternative source of inputs was established. The Revenue therefore failed to adduce positive and substantial evidence of non-receipt of goods or of fraudulent availment of credit.
Analysis: Statements of suppliers and transporters could not be relied upon because the mandatory procedure for their admission under Section 9D of the Central Excise Act, 1944, including examination of the statement-makers, was not followed. The dealer alleged to have issued invoices without supplying goods was also not proceeded against. The demand was further covered by the prior decision arising from the same investigation.
Conclusion: The credit denial, consequential interest and penalties were unsustainable and were decided in favour of the assessee.
Issue (ii): Whether the extended limitation period could be invoked for recovery of the disputed credit.
Analysis: The notice did not set out, and the evidence did not establish, fraud, collusion, wilful misstatement, or suppression of facts with intent to evade duty, which are necessary to invoke the extended period under Section 11A of the Central Excise Act, 1944.
Conclusion: Invocation of the extended limitation period was unsustainable and was decided in favour of the assessee.
Final Conclusion: The disputed CENVAT credit was treated as validly availed, and no recoverable liability for consequential interest or penalty survived.
Ratio Decidendi: CENVAT credit supported by statutory records, valid invoices and banking payments cannot be denied on unadmitted third-party statements without positive evidence establishing non-receipt of goods, and extended limitation requires proof of deliberate suppression or wilful misstatement.