Admissible evidence for CENVAT credit: unauthenticated electronic records and untested third-party statements cannot establish non-receipt of inputs.
Admissibility of evidence governs denial of CENVAT credit for alleged non-receipt of inputs. Third-party investigative statements require examination and formal admission unless a statutory exception applies, while third-party electronic records require prescribed safeguards and certification. Uncorroborated transport discrepancies or portal data do not, without transaction-specific proof, displace invoices, payment records, production records and duty-paid clearances. Personal penalty requires proof of knowledge, active participation and conscious dealing with goods liable to confiscation. A deposit during investigation, including a payment asserted to be coerced, does not alone establish liability or fraudulent availment of credit.
Issues: (i) Whether CENVAT credit could be denied on alleged non-receipt of inputs where the Revenue relied on unadmitted third-party statements, uncertified third-party electronic records and limited transport discrepancies; (ii) Whether the Director's personal penalty under Rule 26 could survive without admissible proof of his knowing participation or of goods liable to confiscation; and (iii) Whether the Rs. 8,00,000 deposit made during investigation constituted an admission of liability
Issue (i): Whether CENVAT credit could be denied on alleged non-receipt of inputs where the Revenue relied on unadmitted third-party statements, uncertified third-party electronic records and limited transport discrepancies
Analysis: Section 9D of the Central Excise Act, 1944 requires the maker of an investigative statement to be examined and the statement admitted in evidence in the interests of justice, unless a specified statutory exception applies. The dealers' and transporter's statements were directly relied upon without compliance with this mandatory procedure and were therefore unavailable to prove their contents. The electronic data extracted from a hard disk seized from a third party was also inadmissible because the statutory safeguards and certificate required by Section 36B of the Central Excise Act, 1944 were absent.
Analysis: No cogent financial trail established that payments made by the appellant-company had been returned in cash. Nor was there evidence of an alternative source of inputs, stock deficit, input-output mismatch, or transaction-specific non-transportation sufficient to displace the appellant-company's invoices, payment records, production records and duty-paid clearances. Sample vehicle-registration discrepancies and untested portal data could not establish non-receipt under every disputed invoice.
Conclusion: In favour of the assessee, the denial of CENVAT credit, consequential interest and the corporate penalty were unsustainable and were set aside.
Issue (ii): Whether the Director's personal penalty under Rule 26 could survive without admissible proof of his knowing participation or of goods liable to confiscation
Analysis: Rule 26 of the Central Excise Rules, 2002 requires transaction-specific proof of knowledge, active participation and conscious dealing with goods liable to confiscation. No admissible evidence established the Director's personal mens rea or overt involvement, and the foundation of the principal credit demand had failed.
Conclusion: In favour of the Director, the personal penalty under Rule 26 of the Central Excise Rules, 2002 was unsustainable and was set aside.
Issue (iii): Whether the Rs. 8,00,000 deposit made during investigation constituted an admission of liability
Analysis: A payment made during investigation, including one asserted to have been made under coercion or apprehension of coercive action, does not by itself amount to an unconditional admission of tax liability or establish fraudulent availment of credit.
Conclusion: The investigative deposit did not constitute an admission of liability.
Final Conclusion: The inadmissible and uncorroborated evidentiary material did not establish non-receipt of inputs or collusive availment of credit, leaving no sustainable basis for the related fiscal or personal penal consequences.
Ratio Decidendi: Third-party statements not admitted under Section 9D and electronic records not authenticated under Section 36B cannot sustain denial of CENVAT credit where independent, transaction-specific evidence does not establish non-receipt of inputs or the assessee's participation in fraud.