2012 (1) TMI 109 - AT - Central Excise

Denial of CENVAT Credit - Held that - It can be seen from the above that Rule 15(2) of Cenvat Credit Rules, 2004 provides that where Cenvat Credit has been wrongly taken and there is suppression/fraud/collusion/mis-declaration with intention to evade duty, the manufacturer shall be liable to pay penalty under Section 11AC of the Act. Similarly, Rule 26 of Central Excise Rules, 2002 is applicable only when a person deals with the goods which he knows that are liable to confiscation or issues invoices without supplying the goods for facilitating the availment of Cenvat credit. None of the provision covers a situation like this wherein the manufacturer is a Private Limited company and the person on whom the penalty is imposed is the Director of the company. As submitted by the appellant, the Director is not covered by the relevant rules and therefore penalty imposed on the Director cannot be sustained and accordingly set aside - Decided in favour of assessee.

Summary

Issues:
- Denial of Cenvat Credit, interest, and penalty imposed on the company and its Director
- Request for waiver of pre-deposit in respect of the Director
- Extension of the option to pay penalty within one month
- Reduction of penalty imposed on the company
- Validity of penalty imposed on the Director

Analysis:
1. The case involved appeals filed by a company and its Director regarding the denial of Cenvat Credit, interest, and penalty. The company had availed Cenvat Credit without receiving goods, leading to the evasion of Central Excise duty. The lower authorities demanded the wrongly availed Cenvat credit with interest and imposed penalties on both the company and its Director.

2. The company submitted written submissions, accepting the demand for the wrongly availed Cenvat credit and interest. They had paid the full penalty but sought an extension to pay it within one month from the order's communication. The Adjudicating authority and the Commissioner (Appeals) did not grant this option initially.

3. The Tribunal considered the company's request for an extension of the penalty payment option based on a precedent decision. Referring to the case of Swati Chemicals Industries Ltd., the Tribunal upheld the request and reduced the penalty to 25% of the wrongly availed Cenvat credit, considering that the company had already paid the full amount demanded.

4. The penalty imposed on the Director was challenged on the grounds that the relevant rules did not cover a situation where the penalty is imposed on a Director of a Private Limited company. The Tribunal agreed with the appellant, stating that Rule 26 of Central Excise Rules, 2002, and Rule 15(2) of Cenvat Credit Rules, 2004 did not apply to the Director in this context, leading to the setting aside of the penalty imposed on the Director.

5. In conclusion, the Tribunal allowed both appeals, reducing the penalty on the company and setting aside the penalty imposed on the Director. The judgment clarified the application of rules concerning penalties in cases involving Cenvat Credit misuse and highlighted the distinction between penalties for companies and individuals in such matters.