2009 (2) TMI 843 - AT - Central Excise

Summary

Issues involved: Applicability of Rule 4(5)(a) of the CENVAT Credit Rules, 2002; Reversal of cenvat credit; Imposition of penalty.

The judgment by the Appellate Tribunal CESTAT, AHMEDABAD dealt with the case of an appellant engaged in the manufacture of Automobile and its components under Chapter 87 of the Central Excise Tariff Act, 1985. The appellant availed modvat credit for capital goods used in manufacturing, including those supplied by their ancillary units. Some capital goods, on which credit was availed, were removed to the ancillary unit without duty payment, leading to a dispute.

Regarding the provisions of Rule 4(5)(a) of the CENVAT Credit Rules, 2002, it was highlighted that capital goods could be cleared to a job worker for manufacturing goods, with a requirement of return within 180 days. However, in this case, as the cleared goods were machines, duty payment was necessary, and the job worker could avail credit for the duty paid. Invoices indicated that the goods were not to be returned within 180 days, leading to a requirement for the appellant to reverse the cenvat credit.

The appellant claimed that the mistake was unintentional, as they were also clearing other capital goods meant for return within 180 days. They argued that the duty paid was available as credit to the recipient, ensuring a revenue-neutral situation. Upon realization of the error, the appellant promptly paid the due duty and interest. Citing precedents, the appellant contended that the absence of malafide intent and the immediate reversal of credit warranted the removal of the penalty imposed on them.

In consideration of the arguments presented and the precedents cited, the Tribunal confirmed the duty demand while setting aside the penalty imposed on the appellant. The judgment concluded by disposing of the appeal and the stay petition in the aforementioned terms.