2011 (3) TMI 1568 - AT - Central Excise

Summary

Issues involved: Interpretation of Rule 3(5) of Cenvat Credit Rules, 2004 regarding payment of duty on used capital goods and reversal of modvat credit, imposition of penalty under Rule 15(2) of the Cenvat Credit Rules, 2004 read with Section 11AC of the Central Excise Act.

Summary:

Issue 1 - Duty on used capital goods and reversal of modvat credit:
The appellant, engaged in manufacturing manmade fabrics, cleared used capital goods without paying central excise duty or reversing cenvat credit. The Revenue demanded reversal of the entire credit availed, but the appellant argued they should only pay duty on the sale value due to prolonged use. The Commissioner (Appeals) applied Rule 3(5) of Cenvat Credit Rules, 2004 and allowed depreciation, reducing the duty liability. The Tribunal, citing precedent cases, held that duty should be paid on the transaction value of the goods, not the entire credit, and set aside the demand.

Issue 2 - Imposition of penalty:
The original authority imposed a penalty under Rule 15(2) of the Cenvat Credit Rules, 2004. However, the Tribunal found that the appellant's clearance of goods was not clandestine, and they paid sales tax on the transaction value. The Tribunal considered the appellant's actions as a bona fide interpretation of the law, not mala fide evasion, and thus set aside the penalty.

In conclusion, the Tribunal allowed the appeal, providing relief to the appellant, and disposed of the early hearing application and stay petition.