2007 (3) TMI 476 - AT - Central Excise

Summary

Issues involved: Disputed utilization of Cenvat credit for duty payment and imposition of penalty.

Summary:

Issue 1: Utilization of Cenvat credit for duty payment
The appellant, a small scale unit manufacturing copper products, utilized Cenvat credit beyond the prescribed period for duty payment. Proceedings were initiated, leading to an order directing deposit of duty in the PLA, along with interest and penalties on the appellant and its director.

Judgment on Issue 1:
The Tribunal noted that the appellant had paid the duty on cleared goods, albeit with incorrect credit utilization for a brief period. The timing of credit utilization was the crux of the dispute. The appellant had already paid interest on the duties, indicating their compliance. Considering the early stage of the fortnightly payment scheme and the possibility of confusion, the penalty was deemed unwarranted. The confirmation of demand against the appellant was set aside as they had paid the duty along with interest.

Outcome:
The impugned order was set aside, and the appeal was allowed with consequential relief to the appellant.