2023 (9) TMI 353 - AT - Central Excise

Time limitation - reversal of CENVAT credit while opting SSI exemption - appellant rectified their mistake by reversing CENVAT credit - HELD THAT - The discrepancy regarding the reversal of CENVAT credit while opting SSI exemption came to the Department at the time of Audit and the appellant reversed the cenvat credit along with interest for intervening period. In that circumstances, there was no requirement to issue the show-cause notice to the appellant - the proceeding against the appellant is not sustainable - SCN is barred by limitation. The impugned order is set aside and the appeal is allowed by confirming reversal of cenvat credit by the appellant and the payment of interest thereof for the intervening period.

Summary

Issues involved:
The issue involved in this case is regarding the reversal of cenvat credit while opting for SSI exemption and the subsequent demand of cenvat credit and penalty imposed on the appellant.

Details of the Judgment:

1. Facts of the Case:
The appellant, engaged in the manufacture of rubber products, availed the benefit of SSI exemption during the period from 31.03.2000 to 31.03.2004. Upon crossing the exemption limit, the appellant started paying duty and availing modvat/cenvat credit on inputs.

2. Reversal of Cenvat Credit:
The appellant failed to take cenvat credit on inputs when coming out of the SSI exemption and did not reverse the credit on inputs when opting for the SSI exemption benefit again. This led to the appellant becoming liable for payment of duty on multiple occasions.

3. Show-Cause Notice and Limitation:
A show-cause notice was issued on 18.07.2006 for recovery of cenvat credit and penalty. The appellant contended that the notice was barred by limitation as they had rectified their mistake by reversing the cenvat credit on 28.07.2005 after being pointed out by the Audit.

4. Decision of the Tribunal:
The Tribunal found that the appellant had rectified the discrepancy regarding the reversal of cenvat credit upon being pointed out by the Audit. As the appellant had already reversed the cenvat credit along with interest, the Tribunal held that there was no requirement to issue the show-cause notice.

5. Conclusion:
The Tribunal set aside the impugned order, allowing the appeal by confirming the reversal of cenvat credit by the appellant and the payment of interest for the intervening period. The proceeding against the appellant was deemed not sustainable, and the appeal was allowed.

Therefore, the appellant succeeded in the appeal, and the impugned order demanding cenvat credit and penalty was set aside.