2008 (12) TMI 615 - AT - Central Excise

Summary

Issues: Allegation of irregular Modvat credit availed, disallowance of credit for material used for repairing and supporting capital goods, penalty imposition, reduction of penalty.

In this case, the Appellate Tribunal CESTAT, Kolkata, heard arguments from both sides represented by Shri Arun Kr. Nandy for the Appellant and Shri J.A. Khan for the Respondent. The Appellant contended that the impugned order concerning the irregular Modvat credit had been reversed and not utilized, as the material was used for repairing and supporting capital goods, thus justifying the credit. The Appellant also argued for a reduction in the penalty due to the reversal of the credit. On the other hand, the Departmental Representative supported the impugned order, stating that the penalty was justified since the reversal was done after taking the credit.

Regarding the claim for credit, the Tribunal held that the lower authorities were correct in disallowing the credit for material used for supporting or repairing capital goods, as the credit is only permitted for inputs and capital goods used in manufacturing finished products. However, concerning the penalty, the Tribunal found merit in the Appellant's argument regarding the irregular duty credit availed. The lower appellate Authority had already reduced the demand considering the reversal of the credit. Since the Appellants had not utilized the credit and had subsequently reversed it, the Tribunal deemed it appropriate to set aside the penalty. The Tribunal proportionately reduced the penalty from Rs. 10,08,438 to Rs. 5,49,640, taking into account the Appellant's actions and intentions. Thus, the Tribunal partly allowed the appeal, emphasizing the justification for reducing the penalty based on the circumstances and declarations provided by the Appellants. The judgment was pronounced and dictated in open court by Dr. Chittaranjan Satapathy and Shri D.N. Panda, JJ.