2017 (11) TMI 24 - AT - Central Excise

Imposition of Penalty - CENVAT credit - credit availed on photo copies of the invoices - credit availed prior to obtaining Central Excise Registration - credit availed twice on the same documents - Held that - since almost bulk of the amount of reversal of Cenvat credit may have been successfully contested by the appellant, if they had done so on merits, the penalties imposed by the Adjudicating Authority and upheld by the first appellant authority in my considered view is unwarranted and liable to be set aside - appeal allowed - decided in favor of appellant.

Summary

Issues:
1. Reversal of Cenvat credit on photocopies of invoices
2. Reversal of Cenvat credit before obtaining Central Excise Registration
3. Reversal of Cenvat credit availed twice on the same documents
4. Imposition of interest and penalties

Analysis:

Issue 1: Reversal of Cenvat credit on photocopies of invoices
The appellant contested the reversal of Cenvat credit availed on photo copies of the invoices, stating that the major amounts were availed on goods rejected, and there was no reasoning provided for the denial of such credit. The appellant argued that they reversed the amounts confirmed by the authorities and paid interest to settle the matter. The tribunal noted that the demand for reversal based on goods rejected was different from the issue of availing credit on photocopies. The tribunal found that if the appellant had contested this demand on merits, they might have succeeded. Therefore, the penalty imposed for this issue was set aside.

Issue 2: Reversal of Cenvat credit before obtaining Central Excise Registration
The appellant had availed Cenvat credit before obtaining Central Excise Registration, believing they were eligible as they were rendering output services and registered with the department. The tribunal referred to a High Court judgment stating that registration was not a prerequisite for availing Cenvat credit. The tribunal upheld the demand and interest related to this issue but found the penalties imposed unwarranted, as the appellant had reversed the amounts and could have successfully contested the demand on merits.

Issue 3: Reversal of Cenvat credit availed twice on the same documents
The appellant admitted to availing Cenvat credit twice on the same documents, attributing it to a clerical error which was rectified promptly upon notification by the authorities. The tribunal acknowledged that the appellant had reversed the amounts and found that the penalties imposed were unwarranted. The tribunal set aside the penalties upheld by the lower authorities for this issue.

Issue 4: Imposition of interest and penalties
The tribunal upheld the demands and interest related to the issues of availing Cenvat credit before registration and on photocopies of invoices. However, the penalties imposed on the appellant were deemed unwarranted considering the circumstances and actions taken by the appellant. Therefore, the tribunal set aside the penalties imposed by the Adjudicating Authority.

In conclusion, the tribunal set aside the penalties imposed by the Adjudicating Authority, upholding the demands and interest while finding the penalties unwarranted based on the appellant's actions and the specific circumstances of each issue.