2009 (9) TMI 934 - AT - Central Excise

Summary

Issues involved: Admissibility of cenvat credit of duty paid on tattoos used under sales promotion scheme; imposition of penalty.

Admissibility of cenvat credit of duty paid on tattoos:
The appeal addressed the issue of admissibility of cenvat credit of duty paid on tattoos used by the assessee under the sales promotion scheme for finished goods during the period from April 2003 to December 2003. The Tribunal had previously ruled on a similar issue for the appellant for the period from October 2001 to March 2003, concluding that the appellant was not eligible for the credit on merits. However, it was established that the duty demand was within the normal period of limitation, and no penalty was imposable. In the current case, the appellant sought the vacation of the penalty imposed, emphasizing that the duty demand fell within the normal period of limitation.

Imposition of penalty:
The facts of the present case were acknowledged to be identical to a previous case decided by the Tribunal, where it was determined that the demand of duty was sustainable but no penalty was imposable. Based on the reasons outlined in the earlier order dated 04.07.2008, the Tribunal held that the demand of duty was justified, while the penalty was deemed not imposable. Consequently, the appeal was rejected concerning the demand of duty and interest, while the penalty was set aside.