2010 (7) TMI 448 - AT - Central Excise

Interest cenvat credit Cenvat credit reversed on same day on which it has been taken while cenvat credit demand has been rightly confirmed by the Commissioner there would be no occasion to charge interest as cenvat credit has been stood reversed on the same day on which the same has been taken. Penalty cenvat credit - the cenvat credit was reversed on the same day on which it had been taken and its availment was declared in the ER-1 return as well as in the Cenvat Credit return filed under Rule 7(6) of Cenvat Credit Rules 2002 there is no justification for imposition of penalty of Rs. 2 lakhs and the same is liable to be set aside.

Summary

Issues:
- Eligibility for cenvat credit on cotton yarn and synthetic yarn
- Reversal of cenvat credit on the same day
- Imposition of penalty under Rule 13 of Cenvat Credit Rules, 2002

Analysis:

Eligibility for Cenvat Credit:
The appellant, a manufacturer of cotton yarn and synthetic yarn, availed cenvat credit on these items after de-bonding from their 100% EOU status. The dispute arose when it was found that the appellant had taken cenvat credit amounting to Rs. 51,06,865/- on the cotton yarn and synthetic yarn, which were considered finished goods and not inputs for further manufacturing. The Commissioner confirmed the demand for wrong cenvat credit along with interest and imposed a penalty under Rule 13 of Cenvat Credit Rules, 2002. The appellant conceded that they were not eligible for the cenvat credit but argued that the entire cenvat credit amount was reversed on the same day as the stock was cleared by paying duty. The Tribunal upheld the Commissioner's decision on the demand for cenvat credit but noted that the entire cenvat credit amount stood reversed on the same day, thus no interest was chargeable.

Reversal of Cenvat Credit on the Same Day:
The Tribunal observed that the entire stock of cotton yarn and synthetic yarn was cleared on the same day the cenvat credit was taken, with duty paid amounting to Rs. 65,73,153/-. Consequently, the Tribunal determined that the entire cenvat credit amount of Rs. 51,06,865/- was effectively reversed on the day it was availed. This reversal on the same day as the credit was taken led to the conclusion that no interest could be charged on the disputed cenvat credit amount.

Imposition of Penalty:
Regarding the penalty imposed under Rule 13 of Cenvat Credit Rules, 2002, the appellant argued that since the cenvat credit availed was due to a misunderstanding and had been declared in the relevant returns, there was no basis for imposing a penalty. The Tribunal agreed with this argument, noting that the cenvat credit reversal was declared in the ER-1 return and Cenvat Credit return as required under the rules. Consequently, the Tribunal set aside the penalty of Rs. 2 lakhs imposed by the Commissioner.

In conclusion, the Tribunal upheld the Commissioner's order on the demand for cenvat credit but set aside the decisions on charging interest and imposing a penalty. The appeal was disposed of accordingly, with the operative portion of the order pronounced in the open court on 7-7-2010.