2008 (1) TMI 714 - AT - Central Excise

Summary

Issues:
Imposition of penalty for contravention of provisions of Rules on waste and scrap generated out of capital goods on which Modvat credit was availed.

Analysis:
The appellant filed an appeal against the penalty of Rs. 50,000 imposed by the Commissioner (Appeals) for contravention of Rules regarding the duty on waste and scrap. The adjudicating authority confirmed the duty demand of Rs. 1,99,079, which the appellants paid before the adjudication order. The Revenue appealed for penalty imposition, leading to the Commissioner (Appeals) modifying the order and imposing the penalty. The appellant argued that they had a dispute regarding the duty on waste and scrap, but paid it before the order to avoid legal issues. Citing previous Tribunal decisions, the appellant contended that penalty should not be imposed. The Revenue argued that duty was payable on scrap from capital goods with Modvat credit, and penalty was justified for evasion. The Tribunal found that the duty was paid voluntarily after the show cause notice, admitting liability. Referring to the Ajmer Food Products Ltd. case, the Tribunal concluded that penalty was not warranted as the duty was paid to avoid legal complications, upholding the adjudicating authority's order and setting aside the Commissioner (Appeals) decision. The appeal was allowed, and no penalty was imposed.