2018 (8) TMI 1388 - AT - Central Excise

Penalty u/r 15(2) of the CCR 2004 read with Section 11AC of the CEA, 1944 - Held that - Bombay High Court in the case of CCE, Nagpur vs. Ultratech Cement Ltd. 2010 (10) TMI 13 - BOMBAY HIGH COURT has held that the assessee is entitled to avail cenvat credit on the services which has been availed by the assessee in case of manufactured goods - Admittedly, the appellant was a manufacture of excisable goods and these services has been availed by the appellant in the course of their manufacturing business. Therefore, on merit itself, the appellant was entitled to avail cenvat credit on the services in question during the impugned period. Therefore, question of imposition of penalty does not arise. Penalty does not arise - appeal allowed - decided in favor of appellant.

Summary

Issues:
Penalty under Rule 15(2) of the Cenvat Credit Rules, 2004 read with Section 11AC of the Central Excise Act, 1944 imposed on the appellant for availing cenvat credit on input services.

Analysis:
The appellant appealed against the imposition of penalty under Rule 15(2) of the Cenvat Credit Rules, 2004. The appellant availed cenvat credit on various input services related to their manufacturing business, which the Revenue disputed as not meeting the criteria of input services as per Rule 2(l) of the Cenvat Credit Rules, 2004. The appellant reversed the cenvat credit upon audit discovery and paid interest. A show cause notice was issued for reversal of cenvat credit, interest payment, and penalty imposition under Rule 15(2) read with Section 11AC of the Act. The adjudication confirmed the demand denial of cenvat credit, its payment, and imposed a penalty, which was upheld by the Commissioner (Appeals). The appellant contended that they were entitled to avail cenvat credit on the services in question and that there was no deliberate intent to wrongly claim the credit, thus challenging the penalty imposition.

The Appellate Tribunal referred to a decision of the Bombay High Court in the case of CCE, Nagpur vs. Ultratech Cement Ltd., where it was held that an assessee is entitled to cenvat credit on services availed in the manufacturing of goods. As the appellant was engaged in manufacturing excisable goods and the services were utilized in the manufacturing process, the Tribunal found that the appellant was legitimately entitled to avail cenvat credit on the services during the period in question. Consequently, the Tribunal concluded that there was no basis for the imposition of the penalty. Therefore, the penalty imposed on the appellant was set aside, and the appeal was allowed.

This judgment highlights the importance of the legitimate entitlement of manufacturers to avail cenvat credit on services utilized in the manufacturing process. It emphasizes that penalties should not be imposed when there is no deliberate intent to wrongly claim credit and when the services are legitimately related to the manufacturing activities of the appellant. The decision provides clarity on the criteria for availing cenvat credit and the circumstances under which penalties can be set aside based on the merit of the case.