2013 (11) TMI 953 - AT - Central Excise

CENVAT credit on non-duty paid scrap - Contravention of Rule 25 (a) - duty paying document - invoice of the second stage dealer Held that - From Rule 11 (7), it is clear that removal from the premises of a second stage dealer also is removal and a second stage dealer also has to issue proper invoices showing true particulars. This has not been done in this case - there is a contravention of Rule 25 (a) in respect of duty paid goods supplied to Units not availing Cenvat credit - In respect of non- duty paid goods cleared to the manufacturers under invoice showing duty payment there is a clear violation of rules with intent to evade payment of excise duty on final products manufactured (by paying such duty through fraudulent credit) - This duty liability is not on the second stage dealer - the situation will be covered by Rule 25 (d) and also in respect of non-duty paid goods supplied to the manufacturer under invoice showing duty payment - both the goods were liable to confiscation. The reason that the goods were not available to confiscation should not be a reason to avoid penalty - the Hon ble High Court of Punjab and Haryana has held that penalties can be imposed in such cases under Rule 25 of the rules as it existed at that time Decided against Assessee.

Summary

Issues:
1. Demand of duty on manufacturers of cast iron and SG iron castings.
2. Penalty imposition under Central Excise Rules on the supplier of iron and steel scrap.
3. Applicability of Rule 25 and Rule 26 of the Central Excise Rules, 2002.
4. Availing CENVAT credit on non-duty paid scrap.
5. Contravention of rules by the second stage dealer.
6. Confiscation of goods and imposition of penalties.

Analysis:
1. The judgment pertains to M/s. Fine Cast Industries, the manufacturers of Cast Iron and SG Iron castings. The original authority confirmed a demand of duty on the manufacturers along with interest and penalties. The supplier of iron and steel scrap, M/s. Santhosh Kumar Steels, was also subject to penalty under Rule 25 (1)(a) and (b) of Central Excise Rules, 2002. The key issue was the confirmation of demand and penalties on both parties.

2. The advocate for the supplier of iron and steel scrap argued that the supplied scrap was under duty paid documents and that penalties were imposed based on mere statements contrary to evidence. It was contended that penalties under Rule 25 were not applicable to dealers, and Rule 26(2) was inserted after the relevant period. The Revenue representative cited a previous Tribunal case to support the applicability of Rule 25 on dealers.

3. The judgment highlighted discrepancies in the availing of CENVAT credit on non-duty paid scrap. Statements from authorized signatories and operators confirmed the mismatch between actual goods received and invoiced goods. The Tribunal referred to a previous case to support the demand of duty and penalties on both the manufacturer and the dealer.

4. Regarding the contravention of rules by the second stage dealer, the judgment emphasized the necessity of proper invoices showing true particulars. The failure to issue such invoices led to a violation of rules with intent to evade excise duty payment on final products. The judgment discussed the liability of the dealer in such cases and the applicability of penalties under Rule 25.

5. The judgment concluded that penalties could be imposed under Rule 25 as per the decision of the High Court of Punjab and Haryana. It was emphasized that penalties were justified in cases where there were misdeeds leading to evasion of excise duty payment. Ultimately, the appeals filed by the appellants were rejected, and the impugned orders were upheld based on the detailed analysis provided.

This comprehensive analysis of the judgment covers the issues of demand of duty, penalty imposition, applicability of Central Excise Rules, availing of CENVAT credit, contravention of rules by the dealer, and the justification for penalties in cases of misdeeds related to excise duty evasion.