2005 (10) TMI 378 - AT - Central Excise

Summary

Issues:
- Imposition of penalty on the appellants upheld in the Order-in-Appeal.
- Availment of credit of Modvat on inputs by the appellants.
- Correctness of duty paid by the job worker and availment of Modvat credit.
- Confusion regarding following the correct procedure in job work.
- Reduction of penalty by the Commissioner (Appeals) and its legality.

Analysis:
1. The judgment involves appeals against the Order-in-Appeal upholding the penalty on the appellants. The facts reveal that M/s. Sneh Silicate, a job worker for M/s. Hindustan Lever Ltd., manufactured Sodium Silicate using inputs directly delivered by the principal and some procured by themselves. The Revenue issued a show cause notice for illegal availment of credit of Modvat on inputs, leading to confirmation of demand and imposition of penalty by the adjudicating authority.

2. The Commissioner (Appeals) concluded that the duty paid by the job worker was correct, and the Modvat credit availed by both appellants was legitimate. The Commissioner set aside the demand but reduced the penalty for violating the prescribed procedure. The appellant's representative argued that the penalty upheld by the appellate authority was erroneous, emphasizing compliance with correct procedures by M/s. Hindustan Lever Ltd. in clearing inputs under job work challan.

3. The Departmental Representative contended that the appellants' confusion in following job work procedures and paying duty themselves amounted to a violation. After hearing both sides, the Tribunal found that the credit availed by the appellants was lawful, and duty liability was discharged correctly. The Tribunal noted the Commissioner's findings, setting aside the demand but upholding the penalty for procedural violations.

4. The Tribunal, however, disagreed with the reduction of penalty by the Commissioner (Appeals) citing established legal principles. It held that when duty demand is set aside, the penalty imposition should also be annulled. Referring to legal precedents, the Tribunal emphasized that if no duty is chargeable, the question of imposing a penalty does not arise. Consequently, the Tribunal set aside the Commissioner's order on penalty reduction and allowed the appeals, emphasizing adherence to settled legal principles in excise matters.