2016 (12) TMI 1038 - AT - Central Excise

Imposition of penalty u/r 15(4) of the Cenvat Credit Rules, 2004 - Held that - It is observed from Rule 15(4) that the same is applicable to an output service provider if wrong credit is taken by way of fraud, collusion etc. In the present case it has been strongly contested by the respondent that they are only manufacturer and not an output service providers. The correct rule for imposing penalty in the present proceedings will thus be Rule 15(3) as decided by the First Appellate Authority. It is also observed from the case records that the Adjudicating Authority under Order-in-Original dated 17.02.2013 imposed penalty under Rule 15(2) of the Cenvat Credit Rules, 2004. No appeal was filed by the Department against the said OIO dated 17.02.2013 - appeal dismissed - decided against Revenue.

Summary

Issues:
Imposition of penalty under Rule 15(4) of the Cenvat Credit Rules, 2004.

Analysis:
The respondent filed an application for early hearing of the appeal, stating that the penalty imposable upon them is under Rule 15(3) and not under Rule 15(4) as claimed by the Revenue. The issue revolved around the imposition of penalty, and the early hearing application was allowed. The Revenue argued that a penalty was imposed under Rule 15(2) by the Adjudicating Authority, but the First Appellate Authority held that penalty is imposable under Rule 15(3) instead. The Revenue contended that an equivalent penalty should be imposed under Rule 15(4). On the other hand, the respondent, represented by an advocate, argued that as they are a manufacturer and not an output service provider, the correct rule for penalty imposition is Rule 15(3) as decided by the First Appellate Authority.

The Tribunal considered the arguments of both sides and examined the case records. The key issue was whether the penalty should be imposed under Rule 15(4) for an output service provider taking wrong credit. It was noted that the respondent claimed to be a manufacturer and not an output service provider. The Tribunal observed that the Adjudicating Authority had imposed a penalty under Rule 15(2), and no appeal was filed against that decision by the Revenue. Therefore, the Tribunal concluded that the correct rule for penalty imposition in this case was Rule 15(3) as determined by the First Appellate Authority. Consequently, the appeal filed by the Revenue was dismissed.