2015 (10) TMI 2591 - AT - Central Excise

Cenvat credit - Interest - Penalty - there are clear evidence that the appellants had been fraudulently taking cenvat credit on the basis of the invoices against which no goods were received by them - It is noticed that the various suppliers of input confirmed that they had not supplied any defective type or grade D material to the appellant - Appeal dismissed.

Summary

Issues: Alleged inadmissible cenvat credit, imposition of penalties, rejection of appeals by Commissioner (Appeals)

In the case, the appellant, engaged in manufacturing parts falling under chapter 73 of the Central Excise Tariff Act, was accused of availing inadmissible cenvat credit based on invoices not supported by goods received. The adjudicating authority upheld the demand for cenvat credit, imposed interest, and penalties on the appellant and the CEO/Director. The Commissioner (Appeals) rejected the appeals filed by the appellants.

Upon review, the Tribunal found clear evidence of fraudulent cenvat credit claims by the appellants based on invoices for goods not received. The invoices with grade "D" material were used for availing cenvat credit, despite suppliers confirming no such material supply to the appellant. The Tribunal noted that the appellant's counsel cited case laws but failed to refute the Revenue's evidence. Consequently, the Tribunal upheld the lower authorities' orders and dismissed the appeals filed by the appellants.

The judgment emphasizes the importance of substantiating cenvat credit claims with valid evidence of goods received, highlighting the consequences of fraudulent practices in availing such credits. The decision underscores the need for appellants to effectively challenge opposing evidence and provide substantial proof to support their appeals in excise matters.