2019 (2) TMI 667 - AT - Central Excise

CENVAT Credit - fake invoices - credit denied on the ground that only invoices has been traveled and no goods has been accompanied of the invoice - cross-examination of statements - principles of natural justice - Held that - Shri Amit Gupta and Shri Sanjeev Maggu of Leo transporter was allowed and cross-examination of one Shri Sunil was allowed who did not appear for cross-examination, therefore, the statement of Shri Sunil cannot be relied upon. Moreover, the cross-examination of other transporter was not allowed, therefore, there is a gross violation of principle of natural justice as to adjudicate the matter, the crucial point is be decided in the matter is that how the goods were transported to the appellant. The statement of transporter is a crucial evidence which is required to be examined in terms of Section 9D of the Central Excise Act, 1944 and the same has not been done so - the matter is remanded back to the adjudicating authority to follow the provisions laid down under Section 9D of the Central Excise Act, 1944 - appeal allowed by way of remand.

Summary

Issues: Denial of Cenvat credit based on invoices without accompanying goods; Violation of principles of natural justice in cross-examination of witnesses; Remand for further investigation and decision based on Section 9D of the Central Excise Act, 1944.

Denial of Cenvat credit based on invoices without accompanying goods:
The case involved an appeal against the denial of Cenvat credit due to the absence of goods accompanying the invoices. The investigation revealed that certain firms issued cenvatable invoices without accompanying the goods to various buyers. The appellant received goods based on these invoices and made payments accordingly. Transporters confirmed that their goods receipt had been misused by these firms. Consequently, a show cause notice was issued to the appellant to deny Cenvat credit on these invoices. The demand was upheld, leading to the appeal.

Violation of principles of natural justice in cross-examination of witnesses:
During the hearing, the appellant's counsel argued that the cross-examination of certain witnesses was allowed, while others were not permitted. This selective approach raised concerns about the violation of the principle of natural justice. The crucial point of contention was how the goods were transported to the appellant, emphasizing the importance of examining the transporter's statements under Section 9D of the Central Excise Act, 1944. The failure to cross-examine all relevant witnesses compromised the fairness of the adjudication process.

Remand for further investigation and decision based on Section 9D of the Central Excise Act, 1944:
In light of the procedural irregularities and the significance of transporter statements in determining the case, the appellate authority decided to remand the matter back to the adjudicating authority. The directive was to ensure compliance with the provisions of Section 9D of the Central Excise Act, 1944 and to conduct a thorough examination of the transporter statements. By setting aside the initial order, the case was remanded for a reevaluation based on the principles of natural justice and statutory requirements.

This comprehensive analysis of the judgment highlights the key issues addressed in the appeal, focusing on the denial of Cenvat credit, procedural fairness in cross-examination, and the necessity for a thorough investigation based on relevant legal provisions.