2018 (6) TMI 987 - AT - Central Excise

Rectification of Mistake Application - It has been argued the appellants had given evidence that the said credit was not utilised by them but still the demand of interest was upheld. It has been argued the evidence given by the appellant was sufficient to establish that the credit was not utilised. Held that - The words The appeal is dismissed appearing in para 4 are deleted and paragraph 5 and 6 is inserted after para 4. ROM application allowed in part.

Summary

Issues: Rectification of Mistake regarding demand of interest upheld despite evidence of non-utilization of credit, applicability of limitation clause to demand of interest.

In the judgment of the Appellate Tribunal CESTAT Mumbai, the issue of Rectification of Mistake was considered concerning the demand of interest despite evidence presented by the appellant indicating non-utilization of credit. The appellant argued that the evidence provided was sufficient to establish that the credit was not utilized, as cenvat credit earned in any month can only be utilized in the next month. However, it was noted that the data submitted by the appellant did not account for the credit availed from the 1st of the next month until the date of debit, rendering it insufficient to conclusively prove non-utilization. Consequently, the Tribunal found no error in upholding the demand of interest. Additionally, the issue of limitation was raised, with the Commissioner's order acknowledging that no penalty was sustainable due to the absence of fraud, suppression, or misstatement. Relying on a precedent from the Hon'ble High Court of Delhi, it was determined that the limitation applicable to the demand of duty also extended to the demand of interest. Therefore, the demand of interest was restricted to the normal period of limitation, and the order was modified accordingly.

The Tribunal's decision highlighted that the penalty under Section 11AC was deemed unsustainable due to the lack of elements such as fraud, suppression, or misstatement in the case. By referencing the precedent set by the Hon'ble High Court of Delhi, it was established that the limitation clause applied to both the demand of duty and interest. Consequently, the demand of interest was constrained by the normal period of limitation, and the benefit of limitation was extended to the appellant. The rectification of mistake was partially allowed in accordance with the above terms, emphasizing the importance of adhering to the prescribed limitations in such cases.