9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (12) TMI 579 - AT - Central ExciseLevy of penalty - reversal of credit on being pointed out - Held that - on perusal of provisions of Section 11A(2B) and the judgments of this Tribunal in the case of CCE vs. COMMISSIONER OF C. EX., PUNE Versus VICKERS SYSTEM INTERNATIONAL LTD. 2007 (10) TMI 107 - CESTAT, MUMBAI where it was held that Ineligible credit availed on the inputs which were received short Debit notes for inputs received short were produced by assessee to audit party shows there was no malafide intention Moreover credit has been reversed along with interest Genuine mistake, so penalty u/s 11AC not imposable. I am of the view that in this case the imposition of penalty under Section 11AC read with Rule 15(2) is not justified. Hence, I set aside the penalty by setting aside the impugned order with consequential relief, if any, to the appellants - appeal allowed - decided in favor of appellant.
Issues:
- Appeal against confirmation of Order-in-Original imposing penalty under Section 11AC read with Rule 15(2) of CCR, 2004. - Applicability of penalty for short-receipt of inputs and failure to reverse CENVAT credit. - Interpretation of intention to evade duty under Section 11AC. - Consideration of case law precedents in similar matters. Analysis: The appeal in question challenges the imposition of a penalty under Section 11AC read with Rule 15(2) of CCR, 2004, following the confirmation of the Order-in-Original by the Commissioner (A). The appellant, engaged in manufacturing gears, received short quantities of inputs and raised debit notes to the suppliers. However, they failed to reverse the proportionate CENVAT credit as required by the Central Excise Act, 1944. The appellant rectified this oversight upon being alerted by the audit party, reversing the credit along with interest. The dispute arose when a show-cause notice proposed penalties under Section 11AC, which were confirmed by the Assistant Commissioner and upheld by the Commissioner (A). During the hearing, the appellant argued that the penalty under Section 11AC was unjustified as there was no intent to evade duty. They emphasized that the mistake was genuine and promptly rectified, with duty and interest paid before the show-cause notice was issued. The appellant cited legal authorities, including CCE vs. Vickers System International Ltd. and ISMT Ltd. vs. CCE, Aurangabad, to support their contention that penalties should not be imposed in cases lacking an intention to evade duty. On the other hand, the Revenue contended that the mistake would have gone unnoticed if not for their intervention, implying the appellant's liability for penalties. However, the Tribunal, after considering the arguments and relevant legal provisions, referred to the precedents cited by the appellant. The Tribunal highlighted that in cases where there was no intention to evade duty, penalties under Section 11AC were deemed unjustified. Citing the judgments of CCE vs. Vikram System International Ltd. and ISMT Ltd., the Tribunal concluded that the penalty in this case was not justified and set it aside, providing consequential relief to the appellants. In light of the above analysis, the Tribunal's decision to set aside the penalty under Section 11AC read with Rule 15(2) of CCR, 2004, aligns with the legal precedents and principles governing the imposition of penalties in cases lacking an intent to evade duty. The judgment underscores the importance of rectifying genuine mistakes promptly and the inapplicability of penalties in such scenarios.
|
