2008 (9) TMI 774 - AT - Central Excise

Summary

Issues: Admissibility of credit under Rule 57A, denial of credit, imposition of penalty, remand by Tribunal, setting aside of order by Commissioner (Appeal), confirmation of penalty, waiver of penalty, challenge by Department, subsequent appeal.

Analysis:

The judgment revolves around the admissibility of credit under Rule 57A concerning a case where inputs were procured from a supplier in Pune, endorsed to the Kolkata Head office, and then sent to the Kalyani factory. The appellant claimed credit under Rule 57A based on invoice endorsement and recording of material receipt in relevant records. Initially, credit was denied, and a penalty of Rs. 3.00 Lakhs was imposed. The Lower Appellate Authority waived the penalty, but on further appeal, the Tribunal remanded the matter to the Original Authority for credit admissibility determination.

The Commissioner (Appeal) set aside the Original Authority's order allowing credit and reinstated the penalty, which had been previously waived. The Tribunal found fault with this action, stating that the appellants should not be penalized when the penalty had already been set aside, and the Department had not appealed against it. The Tribunal deemed the Lower Appellate Authority's decision as unacceptable.

Regarding the admissibility of credit, a thorough review of the case documents, including the impugned invoice and Rule 57F challan, revealed that the goods moved from Pune to Kolkata and then to Kalyani. The mere mention of the Hyderabad address on the invoice was deemed insufficient grounds to deny credit to the appellants. Consequently, the impugned order was set aside, and the appeal was allowed, entitling the appellants to consequential benefits.

In conclusion, the Tribunal's decision focused on rectifying the erroneous denial of credit and the unjust reinstatement of the penalty by the Commissioner (Appeal). The judgment emphasized the importance of following due process and ensuring that penalties are not arbitrarily imposed or reinstated without proper justification.