2017 (3) TMI 1214 - AT - Central Excise

Imposition of penalty u/r 25 - CENVAT credit - the case of the appellant is that the goods have not been confiscated and therefore the penalty cannot be imposed u/r 25 of CER, 2002 - Held that - M/s. Aster Pvt. Ltd., has accepted the liability whereby it stands established that they have availed wrong credit on the goods supplied by appellant. Even though the goods are not confiscated there is clear contravention of the provisions of the Rules/Notifications as provided under Sub-Clause (d) of Rule 25 of CER, 2002. Therefore, the penalty imposed is just and proper - Appeal dismissed - decided against appellant.

Summary

Issues:
1. Imposition of penalty under Rule 25 of Central Excise Rules, 2002 without confiscation of goods.

Analysis:
The case involved a registered dealer supplying materials to a company that availed credit on the invoices issued by the dealer. A Show Cause Notice was issued to the dealer alleging discrepancies in the description of materials on the invoices and the actual goods received by the company. The original authority imposed a penalty under Rule 25 of CENVAT Credit Rule, 2002, which was later reduced by the Commissioner (Appeals). The main argument raised by the dealer was that since there was no confiscation of goods, the penalty under Rule 25 cannot be imposed.

The dealer contended that Rule 25 only allows for penalties in cases where goods are confiscated, and since there was no confiscation in this instance, the penalty was unjustified. However, the Assistant Commissioner argued that the penalty could be imposed under Rule 25 if the dealer contravened the rules with the intent to evade duty payment. The Assistant Commissioner highlighted that the discrepancies in goods led to a loss of revenue, justifying the penalty under Rule 25.

Upon considering the arguments, the Member (Judicial) noted that even though the goods were not confiscated, there was a clear contravention of the rules regarding the description of goods supplied. Referring to the provisions of Rule 25, it was established that the penalty was justified as the dealer had fraudulently passed on irregular CENVAT credit. The Member concluded that the penalty imposed was appropriate, given the contravention of rules and upheld the decision to dismiss the appeal.

In conclusion, the judgment reaffirmed that the penalty under Rule 25 of Central Excise Rules, 2002 can be imposed even without the confiscation of goods if there is a contravention of rules with the intent to evade duty payment. The decision emphasized the importance of adhering to the rules and regulations governing excisable goods to prevent revenue loss.