2013 (11) TMI 1093 - AT - Central Excise

Personal Penalty upon Director Second stage dealer - Passing of ineligible cenvat credit - Waiver of Pre-deposit Held that - the first stage dealer has in his statement categorically stated that they had not delivered any goods to the appellant and they had paid the appellant in cash the amount - all the issues which have been taken up by the counsel can be considered only at the time of final disposal of the appeal - there is an evidence which indicates that the appellant could have passed on ineligible cenvat credit to his customers - the appellant has not made out a case for complete waiver of the amounts appellant was directed to submit an amount of Rupees Ten Thousand as pre-deposit upon such submission rest of the duty to be waived till the disposal Partial stay granted.

Summary

Issues involved:
Imposition of personal penalty for passing on ineligible cenvat credit, evidence of passing on ineligible credit, requirement of deposit amount, stay of recovery pending appeal.

Imposition of Personal Penalty:
The judgment addresses the imposition of a personal penalty of Rs.31,822 on the appellant, a director of a second stage dealer, for passing on ineligible cenvat credit to customers. The first stage dealer denied delivering any goods to the appellant and claimed to have paid the appellant in cash. The argument raised was that further investigation was needed to confirm the payment. However, the tribunal ruled that such issues should be considered at the final disposal of the appeal. The tribunal found evidence suggesting the appellant may have passed on ineligible credit. Consequently, the appellant was directed to deposit Rs.10,000 within four weeks and report compliance. The tribunal allowed the application for waiver of pre-deposit of the remaining amounts, with recovery stayed pending appeal.

Evidence of Passing on Ineligible Credit:
The tribunal considered the evidence presented, indicating the possibility of the appellant passing on ineligible cenvat credit to customers. While acknowledging the need for a detailed investigation at the final disposal stage, the tribunal found sufficient evidence to warrant the deposit of Rs.10,000 by the appellant. The decision highlighted that the issue of passing on ineligible credit would be thoroughly examined during the final disposal of the appeal, emphasizing the importance of addressing such matters comprehensively.

Requirement of Deposit Amount:
In light of the findings regarding the potential passing on of ineligible credit, the tribunal directed the appellant to deposit Rs.10,000 within a specified timeframe. This deposit requirement was deemed necessary, considering the seriousness of the allegations and the need for further examination during the final disposal of the appeal. The tribunal set a compliance deadline and instructed the appellant to report back to the Deputy Registrar, with subsequent actions contingent on this compliance.

Stay of Recovery Pending Appeal:
Regarding the balance amounts involved, the tribunal allowed the application for waiver of pre-deposit, with recovery stayed until the appeal's final disposal. This decision aimed to balance the interests of all parties involved, ensuring that the appellant complied with the deposit requirement while also providing relief in terms of the remaining amounts subject to waiver. The stay of recovery pending appeal underscored the tribunal's approach to addressing the financial aspects of the case in a fair and judicious manner.