2007 (4) TMI 456 - AT - Central Excise

Summary

Issues involved: Levy of interest and imposition of penalty under Rule 13 of Cenvat Credit Rules for alleged wrong utilization of capital goods.

Summary:

Issue 1: Levy of interest and imposition of penalty under Rule 13 of Cenvat Credit Rules

The appellant, engaged in manufacturing excisable goods, availed Cenvat credit for imported machines. However, it was discovered that these machines were installed at a job worker's premises, not at the appellant's factory. The appellant reversed the credit and paid interest upon realizing the error. The Assistant Commissioner held that there was no willful intention to evade duty, hence Sec. 11A(1) and Sec. 11AC of the Central Excise Act were not applicable. A penalty of Rs. 10,000 was imposed under Rule 13 of Central Excise Rules, 2002, along with confirmed interest under Sec. 11AB. The Commissioner (Appeals) upheld this decision.

Issue 2: Scope of show cause notice and applicability of Rule 13 of Cenvat Credit Rules

The appellant argued that the authorities exceeded the show cause notice's scope by penalizing them for sending capital goods to a job worker. They contended that the credit was reversed before the notice was issued. The Tribunal observed that the authorities wrongly imposed interest under Sec. 11AB and penalty under Rule 13 of Cenvat Credit Rules. It was noted that Rule 13 was not applicable as there was no wrongful availment of Cenvat credit. The Tribunal set aside the interest and penalty, directing the appellant to pay the differential amount of Rs. 2,000 towards the original demand.

Conclusion:

The Tribunal allowed the appeal, overturning the imposition of interest and penalty, as the appellant had rectified the error before the show cause notice was issued and there was no intentional wrongdoing on their part.