2005 (7) TMI 461 - AT - Central Excise

Summary

Issues:
1. Admissibility of deemed credit under Rule 57G(2) of Central Excise Rules.
2. Imposition of penalties and confiscation of plant & machinery.

Detailed Analysis:
Issue 1: The main issue in this case revolves around the admissibility of deemed credit under Rule 57G(2) of the erstwhile Central Excise Rules for the period of October 1994 to March 1995. The appellants took deemed credit on ship breaking scrap based on a circular dated 1-3-1994. However, the Department issued a show cause notice questioning the validity of the credit taken. The circulars issued by the Board clarified the conditions under which deemed credit could be allowed, emphasizing that if no duty was imposed on the inputs, deemed credit cannot be granted. The appellants argued that they were entitled to the credit based on a notification exempting Central Excise duty on the inputs. The Tribunal, after considering the arguments, upheld the denial of credit as the ship breaking scrap did not attract Central Excise duty, and the appellants contravened the rules by taking the credit despite warnings from the authorities.

Issue 2: The second issue pertains to the penalties imposed by the lower adjudicating authority, including a fine of Rs. 25 lakhs on the appellant company and Rs. 10 lakhs on the power of attorney holder, along with the confiscation of plant and machinery. The Tribunal acknowledged that while the appellants acted against the rules by taking undue advantage of the notification, the penalties imposed were deemed excessive. The Tribunal reduced the penalty on the appellant company to Rs. 2 lakhs and on the power of attorney holder to Rs. 25,000, and set aside the confiscation of plant and machinery. The Tribunal recognized the deliberate violation by the appellants, warranting some penalty, but deemed the original penalties disproportionate to the offense committed.

In conclusion, the Tribunal partially allowed the appeals by upholding the denial of deemed credit while reducing the penalties imposed on the appellants, emphasizing the importance of complying with Central Excise rules and regulations to avoid punitive actions.