9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2007 (6) TMI 72 - AT - Central ExciseCenvat/Modvat - Assessee contended that they are not liable to pay penalty on the ground that they paid demand as well as interest before the issuance of SCN but revenue not agree with it - Held that assessee contention was correct and allowed
Issues:
1. Confirmation of demand under CENVAT Credit Rules, 2004. 2. Imposition of penalty under Rule 15 of the CENVAT Credit Rules, 2004. Analysis: 1. The original authority confirmed a demand against the appellants for wrong availment of CENVAT credit under the proviso to Section 11A(1) of the Central Excise Act. The appellants had made payments towards the demand before the issuance of the show-cause notice. The authority appropriated these payments and directed the appellants to pay interest under Section 11AB of the Act. A penalty was also imposed under Rule 13 of the CENVAT Credit Rules. The appeal was filed against the penalty imposed by the Commissioner (Appeals), who reduced it to 25% of the duty amount. The appellate tribunal noted that the CENVAT credit in question pertained to a specific period and that the relevant penal provision was Rule 15 of the CENVAT Credit Rules, 2004. The question was whether the penalty was justified given the circumstances. The tribunal considered case law cited by the appellants and concluded that the penalty should have been vacated since the demand and interest had been paid before the show-cause notice was issued. 2. The tribunal observed that the substantive demand, interest, and penalty were under different sections of the Central Excise Act and the CENVAT Credit Rules, 2004. The tribunal found that the case was not distinguishable from situations where a penalty is challenged despite the payment of duty before the show-cause notice. The tribunal disagreed with the lower authorities' view on the penalty issue and held that the penalty imposed should have been vacated based on the case law cited by the appellants. Consequently, the penalty imposed on the appellants was set aside, and the appeal was allowed.
|
