2006 (2) TMI 586 - AT - Central Excise

Summary

Issues:
1. Appeal against order confirming penalty and interest for not reversing credit taken under Modvat/Cenvat Scheme.
2. Import of sub-standard material leading to reversal of credit and imposition of penalty.
3. Contention regarding reversal of credit when goods are still in the factory.
4. Challenge of penalty and interest imposition based on lack of legal provision.

Analysis:
1. The appellants filed an appeal against the order passed by the Commissioner (A), Central Excise, Pune, upholding the penalty and interest under Rule 57-I(4) and Rule 57-I(5) for not reversing the credit taken under Modvat/Cenvat Scheme. The impugned order confirmed the penalty and interest for failure to effect reversal of credit as per the provisions of the Act.

2. The appellants, a Public Limited Company engaged in manufacturing bulk drugs and chemicals, imported Sodium Nitrate from China. Upon testing, the material was found sub-standard with a percentage of Sodium Nitrate at 5% and the balance containing Sodium Sulphate and Sodium Chloride. The entire credit taken for the importation was reversed after the goods were rejected following a visit by the Anti-evasion squad to the factory. A Show-Cause-Notice was issued, leading to the imposition of penalty equal to the credit amount and interest on the confirmed duty.

3. The appellants argued that they had not removed the rejected material from the factory at the relevant time and had initiated discussions with the manufacturers in China through their supplier. They contended that there was no legal provision mandating the reversal of credit when the goods were still in their possession. They claimed that the goods might have been utilized in the manufacturing process or cleared upon payment of duty, making the imposition of penalty and interest unwarranted.

4. The Counsel for the appellants highlighted the absence of a specific legal provision directing the reversal of Cenvat credit while challenging the penalty and interest imposition. The Tribunal, after considering the arguments and finding no convincing provision presented by the Departmental Representative, set aside the impugned order passed by both authorities. The Tribunal ruled in favor of the appellants, allowing the appeal and overturning the penalty and interest imposition, emphasizing the lack of legal basis for the same.