2016 (5) TMI 840 - AT - Central Excise

Imposition of penalty - Rule 15(2) of CENVAT Credit Rules, 2004 read with Section 11AC of Central Excise Act, 1944 - Improper Non-reversal of CENVAT credit attributable to the inputs gone into manufacturing of exempted goods - having been paid the amount as per the provisions of Rule 6 along with interest there was no need for visiting the appellant with penalty.

Summary

Issues: Penalty imposed under Rule 15(2) of CENVAT Credit Rules, 2004 read with Section 11AC of Central Excise Act, 1944 for improper availing and utilizing of Modvat/CENVAT Credit.

In this case, the appellant was penalized for availing CENVAT credit on inputs used for manufacturing dutiable final products while also claiming exemption under a specific notification for certain clearances of final products. The appellant failed to reverse the CENVAT credit related to inputs used in manufacturing the exempted goods until prompted by the authorities. The revenue authorities issued a show-cause notice seeking penalty equivalent to the amount in question. The key issue revolved around whether the penalty imposed was justified given the circumstances. The appellant had already reversed a percentage of the value of exempted goods and paid interest upon notification by the department. The Tribunal found that the appellant had been transparent in their dealings, regularly filing returns with detailed information on production, clearances, duty payable, and CENVAT credit availed and utilized. The Tribunal concluded that since the appellant had disclosed all transactions in their returns and complied with the necessary requirements by paying the due amount and interest, there was no intention to evade duty. Therefore, the Tribunal allowed the appeal, setting aside the penalty imposed on the appellant under Rule 15(2) of the CENVAT Credit Rules, 2004 read with Section 11AC of the Central Excise Act, 1944. The judgment emphasized the importance of compliance and transparency in dealings with the authorities to avoid penalties for inadvertent errors or omissions.