2014 (5) TMI 716 - AT - Central Excise

Penalty under Section 11AC of the Central Excise Act, 1944, read with Rule 15(2) of the Cenvat Credit Rules, 2004 - Suppression of facts - Evasion of duty - Held that - On perusal of the show-cause notice there is no allegation of fraud, collusion or willful mis-statement or suppression of facts or contravention of Central Excise Act/ Rules, 1944 with intent to evade payment of duty. Therefore, the extended period of limitation is not invokable and accordingly, penalty is not warranted - Decided in favour of assessee.

Summary

Issues:
Appeal against penalty under Section 11AC of the Central Excise Act, 1944, read with Rule 15(2) of the Cenvat Credit Rules, 2004.

Analysis:
The appellants contested the penalty imposed under Section 11AC of the Central Excise Act, 1944, read with Rule 15(2) of the Cenvat Credit Rules, 2004. The case involved availing input service credit on services related to the main office and another factory of the same group. An investigation was conducted, and the appellants reversed the credit taken on certain services during the investigation. A show-cause notice was issued invoking the extended period of limitation to appropriate the demands, along with interest and penalty under Rule 15 of the Cenvat Credit Rules, 2004. Both lower authorities confirmed the penalty against the appellant, leading to the appeal.

The appellant's advocate argued that the services were availed in the course of their manufacturing business, entitling them to avail input service credit as per a judgment of the Hon'ble High Court of Bombay. The advocate contended that the penalty was unwarranted. Additionally, it was argued that the show-cause notice did not allege the imposition of penalty under Section 11AC of the Central Excise Act, 1944, making the extended period of limitation inapplicable and, therefore, the penalty could not be imposed.

Upon considering the submissions and perusing the records, it was observed that the show-cause notice did not contain allegations of fraud, collusion, willful misstatement, suppression of facts, or contravention of the Central Excise Act/Rules, 1944 with the intent to evade duty payment. Consequently, it was determined that the extended period of limitation was not applicable, and therefore, the penalty was not justified. As a result, the appeal was allowed by setting aside the imposition of penalty.

This judgment highlights the importance of the specific allegations in a show-cause notice for invoking penalties under relevant provisions of the law. It emphasizes the necessity of meeting the legal requirements for imposing penalties, especially in cases involving taxation and credit rules.