2008 (7) TMI 774 - AT - Central Excise

Summary

Issues:
1. Disputed Cenvat credit availed after the prescribed date.
2. Allegation of availing credit against goods not used in manufacture.
3. Disposal of Stay Petition and Appeal in light of the narrow compass issue.

Analysis:
1. The appellant believed they could avail Cenvat credit after the prescribed date due to prevailing notifications. They argued for leniency as the breach was not deliberate, and the availed credit was reversed. The counsel contended that penalty should be quashed considering the circumstances. The Tribunal noted the reversal of credit and directed payment of interest for the period the inadmissible credit was availed. A penalty of Rs. 20,000 was imposed to deter future breaches, despite the appellant's realization and rectification of the mistake.

2. The appellant explained that the goods in question were normally used in manufacturing, but the Department required a detailed analysis of their use. They argued that industry norms of wear and tear should be considered, and the availed credit should not be heavily scrutinized. The Tribunal acknowledged the appellant's reversal of the credit and reduced the penalty, emphasizing the need for a mild penalty to prevent future breaches.

3. The Tribunal, with the consent of both parties, disposed of both the Stay Petition and the Appeal in a common order due to the narrow compass issue involved. The appellant's arguments regarding the belief in availing credit and the Department's stringent scrutiny of goods used in manufacture were considered. The Tribunal balanced the need for penalty as a deterrent with the appellant's rectification of the mistake and reduced the penalty amount. The Appeal was disposed of with directions for interest payment and penalty imposition, rendering the Stay Petition infructuous and rejected.