2016 (5) TMI 1393 - AT - Central Excise

CENVAT credit - inputs/capital goods - M.S. Angles, H.R. Coils, Sections, Joints, Channels, Cements etc. - penalty - Held that - the issue regarding entitlement of cenvat credit on disputed goods were highly debatable and the Larger Bench of this Tribunal in the case of Vandana Global Ltd. Vs. CCE 2010 (4) TMI 133 - CESTAT, NEW DELHI (LB) has held that Central Excise duty paid on such goods are not available for cenvat credit. Penalty - Held that - the period involved in this case is from 15.04.2008 to 19.01.2009, which is prior to the date of amendment of Rule 2(k) ibid and also pronouncement of the decision by this Tribunal in the case of Vandana Global - malafides cannot be attributed for imposition of penalty on the appellant. Appeal allowed - decided partly in favor of appellant.

Summary

Issues:
- Appeal against confirmation of cenvat demand, interest, and penalty
- Dispute over availing cenvat credit on certain goods
- Imposition of penalty under Section 11AC of the Central Excise Act, 1944

Analysis:
1. The appeal challenged the order passed by the Commissioner (Appeals) upholding the confirmation of cenvat demand, interest, and penalty. The appellant, engaged in manufacturing M S Ingots, availed cenvat credit on disputed goods like M.S. Angles, H.R. Coils, Sections, Joints, Channels, Cements, treating them as capital goods. The department disputed this credit, stating the goods did not meet the definition of inputs or capital goods.

2. The appellant did not contest the cenvat credit demand and interest but sought to set aside the penalty. The appellant argued that due to conflicting judicial opinions on cenvat credit entitlement for disputed goods, they believed in good faith that such credit was permissible. As there was no intent to defraud or suppress facts, the penalty under Section 11AC of the Central Excise Act, 1944, and Rule 15(2) of the Cenvat Credit Rules, 2004 should not apply.

3. The respondent reiterated the findings of the impugned order, while the Tribunal considered the debatable nature of the cenvat credit entitlement on disputed goods. Referring to the Vandana Global Ltd. case, the Tribunal held that Central Excise duty paid on such goods was not eligible for cenvat credit. Given that the period in question predated the relevant rule amendment and the Vandana Global case decision, the Tribunal found no malafides to justify imposing a penalty on the appellant.

4. Ultimately, the Tribunal partially allowed the appeal, setting aside the penalty imposed on the appellant. The decision was based on the lack of fraudulent intent and the evolving legal landscape regarding cenvat credit entitlement for the disputed goods.