2010 (7) TMI 1061 - HC - Central Excise

Reduction in Penalty - fraudulent availment of CENVAT credit - Held that - 100% penalty has already been levied on the assessee wrongly claiming the benefit of Cenvat Credit, the view taken by Tribunal in reducing penalty in the case of the respondent cannot be said to be perverse so as to hold that a substantial question of law arises - appeal dismissed - decided against Revenue.

Summary

Issues Involved:
Appeal against the order of rededuction of penalty to 10% by the Tribunal.

Analysis:
The appeal before the High Court was filed by the revenue challenging the order of rededuction of penalty to 10% by the Customs, Excise and Services Tax Tribunal. The Tribunal had reduced the penalty imposed on the respondent, who issued invoices to the assessee claiming Cenvat Credit wrongly. The revenue alleged that the assessee fraudulently availed of Cenvat Credit, resulting in a demand of duty and imposition of penalty equal to the duty demanded. The Commissioner had affirmed this order, but on further appeal by the respondent, the Tribunal reduced the penalty to 10%, considering that 100% penalty had already been levied on the assessee incorrectly claiming Cenvat Credit.

The High Court, after hearing the arguments, observed that since 100% penalty had already been imposed on the assessee for wrongly claiming Cenvat Credit, the Tribunal's decision to reduce the penalty for the respondent could not be considered unreasonable or giving rise to a substantial question of law. Therefore, the High Court dismissed the appeal filed by the revenue against the order of the Tribunal.

In conclusion, the High Court upheld the Tribunal's decision to reduce the penalty imposed on the respondent, as it was deemed justified given the circumstances where the assessee had already been penalized for the wrongful claim of Cenvat Credit. The High Court found no grounds to interfere with the Tribunal's order and dismissed the appeal by the revenue.