2015 (9) TMI 1442 - AT - Central Excise

Penalty imposed under Rule 15 of the Cenvat Credit Rules 2004 read with Section 11AC of the Central Excise Act - irregular Cenvat credit - Held that - Taking of irregular Cenvat credit and subsequent reversal thereof in the circumstances of the present case is not attributable to the situation involving suppression misstatement etc. in view of the fact that the appellant had sufficient balance in its Cenvat account to take care the deficiency. Since the appellant has reversed the irregularly availed Cenvat credit and paid the interest therein it is of the considered view that the appellant should get the benefit of the provisions of Section 11A(2B) of the Central Excise Act for non-imposition of penalty. - Decided in favour of assessee

Summary

Issues:
1. Imposition of penalty under Rule 15 of the Cenvat Credit Rules, 2004 read with Section 11AC of the Central Excise Act.
2. Benefit of Section 11A(2B) of the Central Excise Act for non-imposition of penalty.

Analysis:
Issue 1: The appellant had taken Cenvat credit on inputs and capital goods inadvertently during the disputed period, which was later reversed upon detection by the Audit Wing. The appellant contended that the entire amount of irregular Cenvat credit along with interest had been paid before the issuance of the show cause notice (SCN). The Department initiated proceedings for confirmation of the Cenvat demand and imposition of penalty. The Tribunal noted that the appellant had reversed the irregularly availed Cenvat credit and paid the interest, and there was no element of suppression or misstatement involved. Therefore, the Tribunal held that the appellant should benefit from the provisions of Section 11A(2B) of the Central Excise Act, leading to the non-imposition of the penalty.

Issue 2: The Tribunal, after considering the arguments from both sides and examining the records, concluded that the circumstances of the case did not warrant the imposition of penalty under Rule 15 of the Cenvat Credit Rules, 2004 read with Section 11AC of the Central Excise Act. The Tribunal emphasized that since the appellant had rectified the irregularity by reversing the Cenvat credit and paying the interest before the SCN was issued, they should be entitled to the protection provided under Section 11A(2B) of the Central Excise Act. Consequently, the Tribunal set aside the impugned order passed by the Commissioner (Appeals) and allowed the appeal in favor of the appellant.

In summary, the Tribunal ruled in favor of the appellant, holding that the circumstances did not justify the imposition of penalty under the Cenvat Credit Rules and the Central Excise Act. The appellant's timely rectification of the irregular Cenvat credit and payment of interest before the issuance of the show cause notice led the Tribunal to grant the appellant the benefit of Section 11A(2B) of the Central Excise Act, resulting in the non-imposition of the penalty.