2005 (5) TMI 501 - AT - Central Excise

Summary

Issues:
1. Utilization of Cenvat credit for payment of interest.
2. Reduction of penalty imposed on the assessee.
3. Appeal by Revenue regarding interest amount and penalty.

Analysis:

1. The impugned order addressed the issue of the assessee utilizing Cenvat credit for the payment of interest. The Commissioner (Appeals) held that the assessee should have paid the interest amount through cash instead of utilizing the credit. The assessee contended that a portion of the interest related to a period before a specific date when no provision for interest payment existed, thus arguing that such interest was not payable. However, the Revenue opposed this claim, stating that as the interest demand had been paid through the reversal of Cenvat credit without any appeal, it had become final. The Tribunal agreed with the Revenue, ruling that a demand that had attained finality could not be reopened during a recovery proceeding. Consequently, the Tribunal declined to interfere with the order directing the payment of interest in cash or from the PLA.

2. Regarding the penalty imposed on the assessee, the Tribunal noted that the Revenue's appeal should have been equal to the interest amount. The assessee's counsel argued that since a significant portion of the interest was not payable, the penalty imposed was excessive. The Tribunal agreed with this submission and reduced the penalty from the original amount to Rs. 1 lac only, considering the specific circumstances and the proportionate liability of the assessee.

3. The appeals by both the Revenue and the assessee were disposed of with the modification in the penalty amount, reducing it to Rs. 1 lac. The Tribunal's decision highlighted the importance of considering the specific circumstances and legal provisions when determining the appropriate penalty amount, ensuring a fair and just outcome for all parties involved in the dispute.