2008 (8) TMI 148 - AT - Central Excise

Credit on capital goods was not taken by assessee when he was working under Compounded levy scheme but with the withdrawal of scheme appellant took credit of duty paid on capital goods subsequently credit was reversed by appellant - capital goods were received when the Scheme was in force and during such period, credit could not be availed by the manufacturer - As such, it cannot be said that appellant had earned the credit - interest is confirmed imposition of penalty is not called for

Summary

Issues:
1. Availment of credit of duty paid on capital goods under Compounded Levy Scheme.
2. Imposition of interest and penalty on the appellant.

Analysis:
1. The appellants were engaged in manufacturing various compounds and embroidery under the Compounded Levy Scheme. They received capital goods during the scheme, but did not avail credit of duty paid on them due to scheme restrictions. After the scheme's withdrawal, they took 50% credit in 2003 and the remaining in 2004, later debiting it. A show cause notice in 2006 led to the confirmation of duty and penalty under Section 11AC of the Act.

2. The appellant's advocate did not contest credit reversal but challenged the interest and penalty. Referring to a Tribunal decision, he argued for non-imposition based on the credit's admissibility post-scheme withdrawal. The Tribunal differentiated the case, noting the goods were received during the scheme, unlike the precedent. The appellant's non-dispute of credit reversal mandated interest confirmation as per law.

3. Regarding penalty, no malice was found in the appellant's actions. The credit availing was transparent to the Revenue without suppression or misstatement. Since the issue involved a genuine legal interpretation, the appellant's actions were considered without malice. Consequently, the penalty imposition was deemed unnecessary and set aside.

4. The judgment was pronounced on 26-8-2008 by Ms. Archana Wadhwa, Member (J) at the Appellate Tribunal CESTAT AHEMDABAD, concluding the appeal in favor of the appellant by confirming interest but setting aside the penalty.