2013 (6) TMI 717 - AT - Central Excise

Summary

Issues involved:
1. Recovery of Cenvat credit for using capital goods for manufacturing exempted goods
2. Eligibility for Cenvat credit of additional customs duty paid for imports made through courier

Issue 1 - Recovery of Cenvat credit for using capital goods for manufacturing exempted goods:
The appellant availed Cenvat credit on duty paid for capital goods used in manufacturing exempted goods. After reversing the credit with interest, a penalty was imposed equal to the wrongly availed Cenvat credit. The question arose whether penalty could be imposed in the absence of allegations of suppression of facts or misdeclaration. The appellant argued that once the amount was paid with interest, no penalty should be imposed. The Tribunal found the penalty unsustainable as per Section 11A(2B) of the Central Excise Act, 1944, stating that without allegations of suppression of facts, misdeclaration, or fraud, the proposal for penalty could not be upheld. Therefore, the penalty of &8377; 1,42,048/- was set aside.

Issue 2 - Eligibility for Cenvat credit of additional customs duty for imports made through courier:
The second issue revolved around the eligibility of the appellant for Cenvat credit of additional customs duty paid for imports made through courier, based on a photocopy of the Bill of Entry. The appellant cited a Tribunal decision supporting the acceptance of credit based on photocopies in the absence of allegations of non-receipt of inputs. However, the Revenue representative relied on a different Tribunal decision stating credit cannot be availed based on photocopies. The Tribunal considered the arguments and previous decisions, noting that the amount involved in this case was significant, unlike the case cited by the appellant. Consequently, the demand for Cenvat credit of &8377; 1,06,372/- was upheld with interest, and the penalty was sustained due to the extended period invoked for the credit taken on inputs imported through courier.

In conclusion, the Tribunal set aside the demand for Cenvat credit with interest and penalty related to capital goods, while upholding the demand for Cenvat credit on inputs imported through courier along with the corresponding penalty. The appeal was disposed of accordingly.