2009 (12) TMI 785 - AT - Central Excise

Summary

Issues:
1. Entitlement to credit for using capital goods exclusively for exempted goods.
2. Non-receipt of inputs sent to job worker within the required period.

Analysis:
1. The case involved two issues. The appellants used capital goods exclusively for exempted goods, leading to a denial of credit of Rs. 8691. The consultant for the appellants argued that the amount had been paid back promptly upon detection by the department, with the appellants maintaining a higher credit balance throughout. Citing a decision from the Hon'ble High Court of Punjab & Haryana, it was contended that no penalty or interest should be imposed. The Tribunal found that since the appellants had promptly paid back the amount and had a higher credit balance, they had not wrongly utilized the credit. Therefore, the penalty and interest levied by the lower authorities were set aside.

2. Regarding the second amount of Rs. 12,346 related to inputs not received back from the job worker within the required period, the consultant argued that the amount was paid promptly after being pointed out by the department. It was emphasized that this was not a case of wrongful utilization of credit, as the appellants consistently maintained a higher credit balance. The Tribunal referred to a previous case and concluded that while there was no proposal for confiscation, a penalty could be imposed under Rule 15(1) of the Cenvat Credit Rules, 2004, up to the maximum limit of Rs. 10,000. As there was no finding of suppression and the appellants did not wrongly take or utilize the credit, the interest and penalty imposed were set aside. However, a token penalty of Rs. 2000 was determined under Rule 15(1) to meet the ends of justice, resulting in the appeal being partly allowed.