2008 (8) TMI 691 - AT - Central Excise

Summary

Issues:
Violation of SSI exemption conditions by availing Cenvat credit before crossing the limit.

Analysis:
The appeal was filed against the Order-in-Appeal passed by the Commissioner of Central Excise, Customs, and Service Tax. The appellant availed the benefit of SSI exemption up to Rs. 1 crore but violated the condition by availing Cenvat credit on goods before crossing the limit. The lower authorities denied the notification benefit due to this violation. However, it was found that the appellant inadvertently took the credit before exceeding the limit. The appellant was supposed to clear two consignments on a specific date but could dispatch only one, leading to the inadvertent error in taking the credit. The lower authorities noted no wilful intention to evade duty and imposed no penalty. The appellant rectified the mistake by reversing the wrongly taken credit after realizing the error.

The circumstances under which the appellant wrongly took credit were explained in the impugned order. It was clarified that the appellant dispatched only one consignment on the date the credit was taken, with the second consignment exceeding the limit on a later date. The appellant promptly rectified the error by reversing the excess credit and informing the authorities about the actual credit available. The violation was deemed inadvertent, and the appellant's actions were in line with rectifying the mistake promptly.

Based on the facts and lower authority findings, it was evident that the violation occurred inadvertently, and the appellant corrected the error by reversing the wrongly taken credit. The judgment referenced the Apex Court's decision in Chandrapur Magnet Wires (P) Ltd. v. CCE, Nagpur, highlighting that once the wrongful credit is reversed, it is akin to not taking the credit at all. Consequently, the demand for duty was deemed incorrect, and the appeal was allowed with consequential relief. The judgment was pronounced in open court on a specific date.