2015 (10) TMI 1230 - AT - Central Excise

Imposition of penalties - Rule 26 of the Central Excise Rules, 2004 - improper credit on the CVD paid on inputs at the time of import - Held that - In view of the settled proposition of law 2013 (12) TMI 749 - CESTAT NEW DELHI for taking improper CENVAT credit on imported goods no penalty can be imposed upon individually under Rule 26 of the Central Excise Rules, 2002. - Decided in favour of assessee.

Summary

Issues:
Imposition of penalties under Rule 26 of the Central Excise Rules, 2004 for taking improper credit on CVD paid on inputs at the time of import.

Analysis:
The appeals were filed concerning O.I.A No. SRP/91-98/VAPI/2012-2013. The Respondent argued that M/s. Nitin Alloys Global Ltd. took CENVAT credit without receiving inputs, paid the credit with interest, and did not appeal against the previous order. The issue revolved around the imposition of penalties under Rule 26 of the Central Excise Rules, 2004. The Appellant's representative contended that penalties under Rule 15 of the Cenvat Credit Rules, 2002 should apply instead of Rule 26. The Respondent's representative relied on a case law stating that penalties under Rule 26 cannot be imposed on Directors for improper credit.

The Advocate for the Appellants argued that penalties under Rule 15 of the Cenvat Credit Rules, 2004 should be imposed for taking CENVAT credit, not under Rule 26. Reference was made to a case law where it was held that penalties under Rule 26 do not apply to individuals for wrongly availing CENVAT credit. The judgment highlighted that Rule 26 does not provide for penalties for fraudulent CENVAT credit availment. It was clarified that penalties for improper CENVAT credit are covered under Rule 15 of the Cenvat Credit Rules, 2004. The judgment emphasized that penalties under Rule 26 cannot be imposed on individuals for taking ineligible CENVAT credit, and only the entity availing the credit is liable for penalties.

The judgment concluded that no penalties can be imposed individually under Rule 26 of the Central Excise Rules, 2002 for improper CENVAT credit on imported goods. Citing the settled legal position, all appeals filed by the Appellants were allowed based on the precedent that penalties under Rule 26 do not apply to individuals for improper CENVAT credit.