2004 (3) TMI 608 - AT - Central Excise

Summary

Issues: Appeal against disallowance of Modvat credit and imposition of penalty.

Disallowance of Modvat Credit:
The appeal was filed against an order confirming the disallowance of Modvat credit of Rs. 5,200 with a penalty of Rs. 10,000. The appellants did not contest the disallowance of credit due to failure in submitting the required invoice. However, they challenged the penalty imposition under Rules 173Q and 209A, claiming no intention to evade duty payment. The judge reviewed the case and found the appellants' contention invalid. The wrongful availment of Modvat credit was noted, and the penalty was imposed for violating Rules 54, 57G(8), and 57A. The judge clarified that the incorrect citation of Rule 173Q did not invalidate the penalty order, as the appellants were aware of the allegations against them. Despite reducing the penalty to Rs. 5,000 due to the circumstances and the amount involved, the judge upheld the order disallowing the Modvat credit, concluding the appeal on these grounds.

Imposition of Penalty:
The penalty was imposed on the appellants for wrongfully availing Modvat credit, leading to a violation of specific rules. Although the appellants argued against the penalty, stating no intention to evade duty payment, the judge disagreed, emphasizing the wrongful nature of the credit availed. The judge justified the penalty imposition based on the violation of Rules 54, 57G(8), and 57A, despite the appellants' claim of no intent to evade duty payment. The penalty amount was reduced from Rs. 10,000 to Rs. 5,000 due to the circumstances and the amount involved. The judge upheld the penalty imposition, considering the facts and circumstances of the case, and concluded the appeal on this issue, maintaining the modified penalty amount.