2008 (3) TMI 611 - AT - Central Excise

Summary

Issues:
1. Modvat credit taken on original invoices instead of duplicate invoices.
2. Contesting imposition of penalty of Rs. 2,15,277.27.
3. Procedure for availing credit on the basis of original invoice not followed.
4. Penalty imposed deemed harsh and excessive.

Issue 1: Modvat credit taken on original invoices instead of duplicate invoices.

The appellant took Modvat credit based on original invoices instead of duplicate invoices. The contention was not about denying the credit but challenging the penalty imposed. The Revenue did not dispute the receipt of inputs but argued that credit should have been taken on duplicate invoices. The Tribunal noted that statutory requirements mandate credit to be taken on duplicate invoices, with a prescribed procedure for cases where duplicate invoices are lost. The failure to follow this procedure led to the penalty imposition.

Issue 2: Contesting imposition of penalty of Rs. 2,15,277.27.

The appellant contested the penalty amount of Rs. 2,15,277.27 imposed for not following the correct procedure for availing credit. The Tribunal acknowledged that the penalty was necessary due to the repeated nature of the offense. However, it found the penalty amount to be excessive, equating to the credit taken. Considering that 50% of the penalty had already been deposited, the Tribunal deemed it sufficient and set aside the balance amount of the penalty imposed, partially allowing the appeal.

Issue 3: Procedure for availing credit on the basis of original invoice not followed.

The Tribunal emphasized that the prescribed procedure for availing credit on the basis of original invoices, in cases where duplicate invoices are lost, was not followed by the appellant. It noted the risk associated with using duplicate invoices by unauthorized persons for availing credit, highlighting the importance of adhering to the statutory requirements for credit claims, even if the receipt of inputs was not in question.

Issue 4: Penalty imposed deemed harsh and excessive.

While recognizing the need for imposing a penalty due to the repeated nature of the offense, the Tribunal found the penalty amount of Rs. 2,15,277.27 to be overly harsh. Considering that the appellant had already deposited 50% of the penalty amount, the Tribunal deemed it sufficient and set aside the remaining balance of the penalty imposed, partially allowing the appeal.

This comprehensive analysis of the judgment highlights the key issues addressed by the Tribunal regarding the Modvat credit, penalty imposition, procedural compliance, and the assessment of the penalty amount.