2009 (4) TMI 657 - AT - Central Excise

Summary

Issues involved: Availment of Cenvat credit in excess of entitlement and imposition of penalties.

Summary:
The appellant, engaged in manufacturing toiletries, availed 100% Cenvat credit on a capital good instead of the entitled 50%, promptly reversing 50% upon audit party's notification. The challenge was against penalties imposed for this excess credit availing. The advocate argued the 100% credit was a bona fide mistake as the balance 50% was available in the next financial year, and the excess credit was not utilized. Citing a Supreme Court decision, he contended that reversing credit before utilization equates to not taking credit.

After considering the arguments, the Tribunal found the appellant was entitled to the full Modvat credit but had erred in timing by availing 100% upfront instead of 50%. Since the excess credit was not utilized and more of a paper entry, the Tribunal concluded there was no malafide intent to warrant penal action. Consequently, the penalties imposed on the appellant were set aside in both cases, and the appeals were disposed of accordingly.