2017 (12) TMI 1223 - AT - Central Excise

Penalty - 100% EOU - CVD and SAD paid wrongly by utilising credit, which was ought to be paid in cash - Held that - the Machining Division has wrongly paid the CVD as well as SAD by making use of cenvat credit - In terms of Rule 3(4) of the CCR, 2004, Cenvat Credit cannot be utilised for payment of such customs duties. Consequently, there is no infirmity in the view taken by the adjudicating authority that such duty payment is required to be made only through cash and not allowed to be done by making use of cenvat credit - penalty upheld. Cenvat credit by the Foundry Division of the total duty paid by the Machining Division - Held that - Cenvat credit was taken wrongly by the Foundry Division since such duty was paid using the cenvat credit account by the machining division and cannot be considered to be payment of duty. The cenvat credit also has been taken on the basis of non prescribed duty paying documents - reversal of such cenvat credit taken alongwith interest and levy of penalties upheld. Appeal dismissed - decided against appellant.

Summary

Issues Involved:
- Duty payment by Machining Division using cenvat credit
- Availment of cenvat credit by Foundry Division
- Applicability of relevant case laws
- Penalty imposition on both divisions

Analysis:

Duty payment by Machining Division using cenvat credit:
The case involved M/s Continental Engines Limited, comprising a Machining Division (100% EOU) and a Foundry Division (DTA unit). The dispute arose when the Machining Division cleared imported raw materials to the Foundry Division without paying duty, utilizing cenvat credit for CVD and SAD. The Department alleged improper duty payment and imposed penalties on the Machining Division. The Tribunal upheld the Department's decision, stating that duty payment for goods cleared from the EOU should be in cash, not through cenvat credit, as per Cenvat Credit Rules. The Tribunal distinguished a cited case law, emphasizing the unique circumstances of the present case.

Availment of cenvat credit by Foundry Division:
Regarding the Foundry Division's cenvat credit claim on duty paid by the Machining Division, the Tribunal ruled against the Foundry Division. It stated that taking cenvat credit based on duty paid through another unit's cenvat credit account was incorrect. The Tribunal found the Foundry Division's actions non-compliant with prescribed duty payment procedures, justifying the reversal of cenvat credit, interest levy, and penalty imposition as per the impugned order.

Applicability of relevant case laws:
The appellant relied on various case laws to support their arguments. However, the Tribunal found the cited cases distinguishable due to differing factual backgrounds. Notably, the Tribunal highlighted that the case law involving Matrix Laboratories Ltd. did not align with the circumstances of the present case, emphasizing the specific nature of duty payment and cenvat credit utilization in each scenario.

Penalty imposition on both divisions:
Ultimately, the Tribunal upheld the impugned order, dismissing the appeals and affirming the penalties imposed on both the Machining and Foundry Divisions of M/s Continental Engines Limited. The judgment emphasized adherence to duty payment regulations, proper cenvat credit utilization, and the consequences of non-compliance with prescribed procedures.

This detailed analysis highlights the key issues addressed in the judgment, providing a comprehensive overview of the Tribunal's decision and the legal reasoning behind it.