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2011 (5) TMI 177 - AT - Central ExciseDemand - CENVAT Credit - Rule 4(2) of CENVAT Credit Rules, 2004 - The respondents had availed 100% credit on the capital goods while they are permitted to avail only 50% credit - the allegations on the respondents were falling short of the ingredients that are mentioned under Section 11AC for imposition of penalty - imposition of penalty on the appellant in terms of Section 11AC was not called for - The appeal is disposed off
Issues:
1. Availment of CENVAT Credit in violation of Rule 4(2) of CENVAT Credit Rules, 2004. 2. Confirmation of interest for excess credit availed. 3. Imposition of penalty for alleged malafide availment of credit. Issue 1: Availment of CENVAT Credit The judgment addressed the appellant's availing of 100% CENVAT Credit on capital goods in the year of receipt, contrary to Rule 4(2) which mandates 50% credit in the first year and the remaining 50% in the subsequent financial year. The proceedings initiated proposed to deny the balance 50% credit, leading to the impugned order confirming the 50% credit against the appellant along with interest and a penalty of equal amount. Issue 2: Confirmation of Interest The appellant's availing of the entire 100% credit in the first year, instead of following the Rule 4(2) requirement, resulted in an excess availment of 50% credit. As the balance 50% credit was available in the next financial year, interest was confirmed against the appellant for the excess credit availed in violation of the rule. Issue 3: Imposition of Penalty Regarding the penalty, the appellant argued the absence of malafide intent in availing the excess credit, attributing the discrepancy to the timing of credit availment. The Tribunal cited precedents where penalties were set aside in similar cases where the credit was available but timing was the issue. The judgment concluded that penal action could not be justified, setting aside the penalty imposed on the appellant. In light of the legal principles established in the referenced judgments, the Tribunal found that penalizing the appellant under Section 11AC was unwarranted. Consequently, the penalty was set aside, and the appeal was disposed of accordingly.
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