2017 (2) TMI 1350 - HC - Central Excise

Penalty - CENVAT credit - manufacture of exempted as well as dutiable final product - Held that - the Apex Court in the case of CHANDRAPUR MAGNET WIRES (P) LTD. VERSUS COLLECTOR OF C. EXCISE, NAGPUR 1995 (12) TMI 72 - SUPREME COURT OF INDIA has held that no penalty could have been imposed after reversal of the Cenvat benefit availed on an exempted final product. The only difference in the instant matter is that the reversal in the case in hand was made after issuance of notice to show cause. The prime issue is reversal and not the issuance of notice to show cause - appeal dismissed - decided against Revenue.

Summary

Issues:
Penalty imposition for availing Cenvat credit on exempted final product and reversal after notice to show cause.

Analysis:
The appeal before the Rajasthan High Court questioned the correctness of the final order passed by the Customs, Excise and Service Tax Appellate Tribunal in Excise Appeal No. 885/2009. The respondent assessee was involved in the manufacture of both exempted and dutiable final products, availing Cenvat credit on duty paid inputs for both types. A penalty was imposed by the assessing officer for availing Cenvat credit on the exempted final product, which was reversed only after a notice to show cause was issued. The Commissioner (Appeals) accepted the appeal, stating that once the reversal had been made, no penalty could be imposed. The Tribunal affirmed this decision based on the law laid down by the Supreme Court in a previous case regarding penalties after reversal of Cenvat benefit on an exempted final product.

Upon reviewing the facts and decisions of the Commissioner (Appeals) and the Tribunal, the High Court found that the key issue was the reversal of Cenvat credit and not the issuance of the notice to show cause. The Court noted that the Supreme Court had held in a previous case that no penalty could be imposed after the reversal of Cenvat benefit on an exempted final product. The High Court concluded that since the reversal had been made, the appeal had no merit, and therefore, it was dismissed.

In summary, the High Court upheld the decision of the Tribunal and the Commissioner (Appeals), emphasizing that the reversal of Cenvat credit on the exempted final product was the pivotal issue, and the timing of the notice to show cause did not impact the imposition of the penalty. The appeal was dismissed for lacking merit based on the established legal principles and precedents.