2018 (3) TMI 1480 - AT - Central Excise

Penalty - Central Excise duty with interest paid before issuance of the SCN - CENVAT credit - deemed exports - fake invoices - Held that - the issue involved was a bonafide issue of interpretation of provision of law - in respect of the clearances made to hotels, the issue involved interpretation of N/N. 34/2006 - it is not a case of any malafide on the part of the respondent, thus justifiably calling for any imposition of penalty - penalty rightly set aside - appeal dismissed - decided against Revenue.

Summary

Issues Involved:
- Demand of Central Excise duty and interest under Section 11A of Central Excise Act, 1944
- Denial of Cenvat credit availed on ineligible invoices
- Imposition of penalty under Section 11AC of the Central Excise Act, 1944 and Rule 15 of Cenvat Credit Rules, 2004

Analysis:

Issue 1: Demand of Central Excise duty and interest under Section 11A of Central Excise Act, 1944
The Anti-Evasion Branch of Noida found that the party cleared finished goods under Deemed Exports to Hotels against EPCG Scheme without discharging duty obligations. Additionally, Cenvat credit was availed based on fake invoices. A Show Cause Notice was issued demanding Central Excise duty, interest, and penalty. The impugned order confirmed the demand, which was partially deposited by the party. The Commissioner (Appeals) upheld the demand, emphasizing the non-compliance with EPCG Scheme conditions and denial of exemption. The party's appeal was dismissed, and the demand was confirmed.

Issue 2: Denial of Cenvat credit availed on ineligible invoices
The party availed Cenvat credit on invoices issued by a non-manufacturing entity, which was detected by the authorities. The Show Cause Notice demanded denial of Cenvat credit along with interest. The impugned order confirmed the denial and imposed a penalty. The Commissioner (Appeals) upheld the denial of Cenvat credit, emphasizing the ineligibility of the invoices. The penalty under Rule 15 of Cenvat Credit Rules, 2004 was dropped by the Commissioner (A), citing the party's prior payment of duty and interest.

Issue 3: Imposition of penalty under Section 11AC of the Central Excise Act, 1944 and Rule 15 of Cenvat Credit Rules, 2004
The Revenue contested the setting aside of penalties by the Commissioner (Appeals), arguing that reversal of duties before the Show Cause Notice should not absolve the party from penalties. However, the Tribunal found that the issues involved were matters of interpretation of law, not malafide actions. The party had submitted relevant documents supporting their interpretation. Consequently, the penalties were set aside by the Commissioner (A) based on bonafide interpretation issues, leading to the rejection of Revenue's appeal.

In conclusion, the Tribunal upheld the Commissioner (Appeals)' decision to set aside penalties, considering the issues as genuine interpretations of legal provisions rather than intentional misconduct.