2007 (9) TMI 76 - AT - Central Excise

Cenvat/Modvat Alleged that assessee availed simultaneously both Cenvat credit and benefit of depreciation from Income tax department and after intervention of Audit filed revised return without claiming depreciation Pleas of restoration of credit allowed

Summary

Issues:
Appeal against order of Commissioner (Appeals) regarding disallowance of Cenvat credit on capital goods and penalty imposed.

Analysis:
The appellant received capital goods and claimed Cenvat credit amounting to Rs. 1,58,427 in March 2004. They also filed income tax return for the financial year 2003-04 claiming depreciation on the same capital goods. Subsequently, they claimed the remaining 50% credit in the next financial year despite already claiming depreciation. An audit revealed this double benefit claim, leading to the appellant filing a revised income tax return excluding the depreciation benefit. The original authority disallowed the entire credit, upheld by the Commissioner (Appeals).

The Authorized Representative argued that the mistake was unintentional and promptly rectified by filing a revised income tax return. He cited precedents to support the restoration of Cenvat credit and removal of the penalty. On the other hand, the SDR contended that the appellant's actions were not mere omissions but deliberate attempts to claim dual benefits.

The Tribunal acknowledged the appellant's error in claiming both Cenvat credit and depreciation, which was rectified post-audit. The judgment recognized that disallowing the Cenvat credit would result in the appellant losing benefits under both Central Excise and Income Tax laws, which was not the intention. Consequently, the order disallowing Cenvat credit was set aside, but a penalty of Rs. 5,000 was upheld due to the violation. The Tribunal partially allowed the appeal by restoring the credit but maintaining the penalty.

In conclusion, the judgment balanced the restoration of credit with the imposition of a penalty, considering the unintentional nature of the mistake and the corrective actions taken by the appellant post-audit.