2007 (10) TMI 109 - AT - Central Excise

Credit taken of NCCD duty paid on captive goods cleared for captive consumption On directions of departmental audit officers same was reversed No intention to avail ineligible credit so interest and penalty not imposable

Summary

Issues:
Reversal of Cenvat credit - NCCD duty payment, Interest and penalty charges, Appeal against Order-in-appeal No CPA/119/Th-II/2006, Intention to avail ineligible credit.

Analysis:
The appeal before the Appellate Tribunal CESTAT, Mumbai was filed by the revenue challenging the Order-in-appeal No CPA/119/Th-II/2006 dated 1.9-7-2006. The key contention raised by the revenue was against the decision of the Commissioner (Appeals) to set aside the interest and penalty charged on the respondent in relation to the reversal of the Cenvat credit. The specific issue at hand revolved around the reversal of Cenvat credit concerning the payment of National Calamity Contingency Duty (NCCD) on captive goods cleared for captive consumption, where the respondent initially took credit but later reversed it based on directions from departmental audit officers citing ineligibility.

Upon reviewing the submissions from both parties and examining the records, the Tribunal noted the findings of the Commissioner (Appeals) which emphasized the lack of intention on the part of the respondent to avail ineligible Cenvat credit of NCCD. The Commissioner (Appeals) highlighted the occasional nature of such disputes, the lack of awareness among assessees and the general public regarding certain duties like NCCD, and the absence of deliberate complicity by the assessee. The Tribunal concurred with the Commissioner (Appeals) and referenced a decision by the Hon'ble High Court of Bombay in the case of Gaurav Mercantile Limited, which supported the respondent's position. Consequently, the Tribunal dismissed the appeal filed by the revenue, upholding the decision of the Commissioner (Appeals) in favor of the respondent.

In conclusion, the judgment underscored the importance of considering the intent behind actions related to Cenvat credit reversals, especially in cases where there is no deliberate effort to avail ineligible credits. The reference to legal precedents and the specific circumstances of the case played a crucial role in determining the outcome of the appeal, ultimately leading to the dismissal of the revenue's appeal and affirming the decision in favor of the respondent.