2005 (4) TMI 430 - AT - Central Excise

Summary

Issues:
Dispute over duty payment for goods supplied to holder of Advance Release Order - Applicability of penalty and interest - Concern over Modvat credit taken by the recipient - Applicability of Chapter VIIA to EOU.

Analysis:
The appeals before the Appellate Tribunal CESTAT, CHENNAI involved a common issue concerning the payment of duty for goods supplied to the holder of an Advance Release Order by an EOU. The respondent, in this case, cleared the goods without duty payment initially but later paid the duty upon demand within the normal period. The Commissioner ruled that no penalty or interest was applicable in this scenario. However, the Revenue, in their appeal, argued for the imposition of both penalty and interest, highlighting that the recipient of the goods had availed Modvat credit. The respondent contended that they were not responsible for the recipient's credit utilization and should not be penalized for it. The dispute also involved a discussion on the applicability of Chapter VIIA to EOU.

Upon considering the submissions from both sides, the Tribunal opined that the question of interest did not arise as the rules did not mandate interest payment. Regarding the penalty, it was observed that the goods were cleared by the appellants with the knowledge of the Central Excise department, and the original invoices clearly stated the appellant's claim of exemption for the goods. In light of these circumstances, the Tribunal concluded that the imposition of a penalty was not justified. Consequently, the appeals filed by the Revenue were rejected, and the decision was pronounced in open court.