2011 (8) TMI 1006 - HC - Central Excise

Summary

Issues involved: Appeal by Revenue against order of CESTAT dismissing appeal regarding wrongful availment of Cenvat credit.

Summary:
The appeal was filed by the Revenue against the order passed by the Customs, Excise and Service Tax Appellate Tribunal, South Zonal Bench, Bangalore, wherein the appeal filed by the Revenue had been dismissed. The respondent-assessee, engaged in the manufacture of Biscuits, had availed 100% of Cenvat credit in contravention of the rules. The Original Authority held the assessee had wrongly availed Cenvat credit and imposed penalties. The Appellate Authority set aside the penalty considering the rectification made by the assessee. The Tribunal also dismissed the appeal, leading to the current appeal by the Revenue.

The learned counsel for the appellant argued that the wrongful availment of Cenvat credit was not disputed, and mere readjustment by the assessee should not absolve them of the violation. The court considered the facts and found that the assessee had rectified the mistake by readjusting the credit and paying interest. The Appellate Authority and Tribunal held that no further proceedings could be initiated once the violation was rectified, leading to the dismissal of the appeal by the High Court.

In conclusion, the High Court held that the appeal did not raise any substantial question of law, and therefore, it was dismissed as devoid of merits.