2012 (8) TMI 108 - AT - Central Excise

Penalties under Rule 25 of the Central Excise Rules, 2002 appellant issued statutory invoices to another party without supply of goods with a view to enabling that party to avail CENVAT credit of the duty covered by the invoices - manufacturer sold the goods to one party and issued the invoice to another Held that - Conduct of the appellant attracted Rule 25 - quantum of penalty reduced

Summary

Issues:
1. Imposition of penalties under Rule 25 of the Central Excise Rules, 2002 on Karnataka Metal Company (KMC) for issuing statutory invoices without supply of goods.
2. Challenge regarding the reversal of CENVAT credit initially taken by KMC's customer.
3. Role played by KMC in enabling another party to avail CENVAT credit.
4. Appeal by M/s. Agarvanshi Aluminium Ltd. for issuing an invoice to a different party than the goods sold.

Analysis:

Issue 1: Imposition of Penalties on Karnataka Metal Company (KMC)
The Appellate Tribunal upheld the penalties imposed on KMC under Rule 25 of the Central Excise Rules, 2002. The penalties were initially Rs.50,827/- and Rs.1,06,226/- in the two cases, equivalent to the irregularly passed CENVAT credit. The Tribunal noted that Rule 25 permits penalties equal to the duty amount, but also allows for a lesser penalty based on the circumstances. Considering the facts, the Tribunal reduced the penalties to Rs.15,000/- and Rs.30,000/- in the respective cases, sustaining the impugned orders.

Issue 2: Challenge Regarding Reversal of CENVAT Credit
In the first appeal, KMC challenged the penalties based on the reversal of CENVAT credit initially taken by their customer. The Tribunal acknowledged the reversal with interest and partial payment by the customer within 30 days of the show-cause notice. However, the Tribunal found no grounds to exempt KMC from the penalties under Rule 25.

Issue 3: Role of KMC in Enabling CENVAT Credit
KMC's role in issuing statutory invoices without supply of goods to enable another party to avail CENVAT credit was a key point of contention. The Tribunal considered this conduct as attracting Rule 25 penalties, emphasizing the importance of adhering to excise rules and preventing misuse of credit facilities.

Issue 4: Appeal by M/s. Agarvanshi Aluminium Ltd.
M/s. Agarvanshi Aluminium Ltd. appealed for issuing an invoice to a party different from the goods sold, resulting in a penalty of Rs.43,726/- equal to the CENVAT credit taken by the recipient. The Tribunal found the appellant's conduct similar to KMC's case and reduced the penalty to Rs.12,000/- based on the circumstances, sustaining the impugned order.

In conclusion, the Appellate Tribunal disposed of all appeals, affirming penalties under Rule 25 for irregularities related to CENVAT credit and statutory invoice issuance without actual supply of goods. The judgments underscored the importance of compliance with excise rules and the imposition of appropriate penalties based on the specific circumstances of each case.