2012 (6) TMI 368 - AT - Central Excise

Eligibility to set off Cenvat credit admissible on one category of goods against duty imposed on another category of goods - dispute regarding classification of Note Books, Accounts Books, Laminated Kraft Paper, Ruled Paper - assessee contending classification under Chapter No.4820.00 attracting NIL rate of duty - Held that - Commissioner after classifying the product Ruled Paper under heading 4820.00 attracting Nil rate of duty and the product Laminated Kraft Paper under heading 4811.39 has rightly held that CENVAT Credit admissible can be used for further clearances only and cannot be adjusted against the demand of duty. Since, penalty u/s 11AC was also imposed, hence, redemption fine is reduced from Rs.78,250/- to Rs.10,000/- in the interest of justice. On facts and circumstances of case, penalty imposed on director is set aside.

Summary

Issues: Classification of goods under Central Excise Tariff Act, 1985, imposition of duty, penalty, and redemption fine.

In this case, the appellant, engaged in manufacturing various paper products, was initially accused of misclassification under the Central Excise Tariff Act, leading to a demand for duty on specific products. The Commissioner (Appeals) later reclassified the products, resulting in a reduced duty demand on Laminated Kraft Paper. However, in a subsequent adjudication, a duty demand was confirmed along with a penalty and redemption fine. The appellant sought to set off CENVAT Credit against the duty payable, but the Commissioner disallowed it, citing that the credit could only be used for further clearances, not to offset the duty demand. The Commissioner also upheld the redemption fine on the seized goods, despite the appellant's argument that the goods were not seized. The Tribunal, after considering the arguments, upheld the decision on CENVAT Credit but reduced the redemption fine from Rs.78,250 to Rs.10,000, deeming it more appropriate given the circumstances. The penalty imposed on the Director was set aside, as it was found that apart from general awareness of operations, there were no specific allegations against the Director. Ultimately, the redemption fine on the appellant was reduced, and the penalty on the Director was revoked, concluding the appeals in favor of the appellant.

This judgment primarily addresses the classification of goods under the Central Excise Tariff Act, the admissibility of CENVAT Credit, the imposition of redemption fine, and penalties on the appellant and the Director. The Tribunal clarified that CENVAT Credit could not be used to offset duty demands directly but only for future clearances. The decision to reduce the redemption fine was based on the disproportionality between the fine amount and the actual duty involved. Additionally, the penalty on the Director was overturned due to the lack of specific allegations beyond general knowledge of operations. The judgment highlights the importance of accurate classification, proper utilization of credits, and proportionate imposition of fines and penalties in excise duty cases.