2018 (8) TMI 998 - AT - Central Excise

Whether interest and penalty are required to be paid by the appellants on such Cenvat credit which was reversed before utilization? Held that - The ruling by Hon ble Allahabad High Court in the case of Commissioner of Customs & Central Excise, Meerut-II Vs M/s Rana Sugar Ltd. 2010 (3) TMI 412 - ALLAHABAD HIGH COURT is squarely applicable in the facts of the present case, where it was held that if CENVAT credit is reversed before utilization then there is no need for payment of interest on availment of such Cenvat credit and if the show cause notice is issued after reversal of Cenvat credit then penalty is not to be imposed. Appeal allowed - decided in favor of appellant.

Summary

Issues:
Whether interest and penalty are required to be paid on reversed Cenvat credit before utilization.

Analysis:
The appeals arose from an Order-in-Appeal passed by the Commissioner of Central Tax Commissionerate, Noida. The main issue was whether interest and penalty were applicable on Cenvat credit that was reversed before utilization. The revenue contended that the appellant had availed Cenvat credit on civil work which was deemed inadmissible. Show cause notices were issued, demands were confirmed, and the appellants were directed to pay service tax with interest and penalty. The Commissioner (Appeals) upheld the original order without interference. However, it was found that the Cenvat credit had been reversed by the appellant before utilization, as argued by the appellant's counsel invoking a ruling by the Hon'ble Allahabad High Court in a similar case. The High Court had held that if Cenvat credit is reversed before utilization, no interest is payable on it, and if a show cause notice is issued after reversal, then no penalty is to be imposed.

In light of the ruling by the Hon'ble Allahabad High Court, the Member (Technical) set aside the impugned order and allowed both appeals filed by the appellant. The judgment emphasized the importance of reversing Cenvat credit before utilization to avoid the payment of interest and penalty. The decision was based on the specific circumstances of the case and the applicable legal precedent established by the High Court. The ruling provided clarity on the treatment of reversed Cenvat credit and its implications on interest and penalty obligations, aligning with the legal principles outlined in the cited case law.