2014 (5) TMI 492 - AT - Central Excise

CENVAT Credit - Whether the assessee can avail CENVAT credit account for payment of duty during the suspended period or not - Held that - for the period prior to 31.03.2005 during the suspended period of facility, the assessee can utilize CENVAT credit account for payment of duty and no demand of interest and penalty can be imposed on the assessee. In these circumstances, the issue is squarely covered by the decision of the Tribunal in Noble Drugs Ltd. (2007 (7) TMI 327 - CESTAT, MUMBAI). Therefore the issue is settled in favour of the appellant that they were entitled to utilize CENVAT credit account for payment of duty. In these circumstances, show-cause notice was not warranted - Decided in favour of assessee.

Summary

Issues involved: Appeal against confirmed interest and penalty for utilization of CENVAT credit during suspension of duty payment facility.

Analysis:
1. Facts of the Case: The appellant, a manufacturer of excisable goods, faced confirmed interest and penalty for utilizing CENVAT credit during the suspension period of their duty payment facility.

2. Legal Issue: The main issue was whether the appellant could use the CENVAT credit account for duty payment during the suspended period in 2001-02.

3. Precedent: The Tribunal referred to the case of Noble Drugs Ltd. (2007) where it was held that before 31.03.2005, during the facility's suspension, the assessee could utilize the CENVAT credit account without facing interest and penalty.

4. Decision: The Tribunal ruled in favor of the appellant, stating that they were entitled to use the CENVAT credit account for duty payment during the suspended period. The Tribunal found the issue settled in favor of the appellant based on the precedent set by Noble Drugs Ltd.

5. Judgment: Consequently, the impugned order was set aside, and the appeal was allowed with consequential relief for the appellant, as the show-cause notice was deemed unnecessary based on the Tribunal's decision.

6. Conclusion: The judgment provided clarity on the utilization of CENVAT credit during the suspension period, aligning with the precedent set by Noble Drugs Ltd., and ultimately favored the appellant by allowing them to use the credit account for duty payment without facing additional interest and penalties.