2010 (10) TMI 884 - AT - Central Excise

Penalty u/s 11AC of the Central Excise Act 1944 r.w.r. 13/15 of of CENVAT Credit Rules 2002/2004 Held that - There is no specific provisions under which the Department wants to impose penalty under Rule 15. There is no proposal for separate penalties in the show cause notice no specific allegation for specific penalty has been made. Hence the penalties under Rule 15 are not imposable on the assessee and there is proposal for imposing penalty under Section 11AC of the Central Excise Act read with Rule 15 of the Cenvat Credit Rules 2002/2004 - no merit in the appeals filed by the Revenue. In favour of assessee.

Summary

Issues:
- Appeals filed by the Revenue and the Assessee regarding demand, interest, and penalties under Cenvat Credit Rules, 2004
- Imposition of additional penalty under Rule 15(1) of the Central Excise Cenvat Credit Rules, 2004
- Reliance on earlier decisions in the case
- Adjudication of penalties under various provisions

Analysis:

The judgment pertains to four appeals by the Revenue and two by the Assessee concerning the confirmation of demand, interest, and penalties under Cenvat Credit Rules, 2004. The Revenue's appeal focuses on the imposition of an additional penalty under Rule 15(1) of the Central Excise Cenvat Credit Rules, 2004. The brief facts reveal discrepancies in Cenvat credit goods during an investigation, leading to a demand for duty and penalties. The original adjudicating authority confirmed the demand, interest, and penalties, which were further upheld by the Commissioner (Appeals) with an additional penalty under Rule 15(2) of Cenvat Credit Rules. Both parties appealed, with the Revenue seeking further penalties under Rule 15(1) of the Rules, while the Assessee contested the demand, interest, and penalties.

The Assessee argued that the adjudicating authority based its decision on a previous case, which was overturned by the Tribunal, rendering the impugned orders invalid. The Assessee contended that since penalties were proposed under Section 11AC of Central Excise Rules along with Rule 13 and 15 of Cenvat Credit Rules, separate penalties under various provisions should not be imposed. Conversely, the Revenue asserted that penalties under Section 11AC could be imposed independently, and penalties under Rule 15 of Cenvat Credit Rules could be imposed for contraventions in this case. The Revenue maintained that the facts of the current case differed from the previous one, justifying separate penalties.

After hearing both sides, the Tribunal acknowledged that the adjudicating authority had relied on a decision overturned by the Tribunal, necessitating a fresh examination of the matter. The Tribunal directed the original authority to re-adjudicate the case, allowing the Assessee a fair opportunity to present their defense. Regarding the Revenue's appeals for penalties under Rule 15(1) of Cenvat Credit Rules, the Tribunal noted that the show cause notice did not specify such penalties, only proposing penalties under Section 11AC of the Central Excise Act with Rule 15 of Cenvat Credit Rules. Consequently, the Tribunal rejected the Revenue's appeals while allowing the Assessee's appeals for remand.

In conclusion, the Tribunal set aside the impugned orders, emphasizing the need for a fresh adjudication based on the principles outlined in the judgment.