2003 (10) TMI 150 - AT - Central Excise

Summary

Issues:
1. Appeal against penalty imposed by lower authorities for delayed payment of Central Excise duty.
2. Interpretation of rules regarding payment of duty through PLA or Cenvat credit.
3. Validity of withdrawal of facility to pay duty on a fortnightly basis.

Analysis:

Issue 1:
The appeal arises from the penalty imposed by the lower authorities due to delayed payment of Central Excise duty by the appellants. The Deputy Commissioner held that using Cenvat credit during a period when the facility was restricted amounted to clearance of goods without payment of duty. Consequently, a penalty of Rs. 1,00,000/- was imposed along with interest under Section 11AA. The Commissioner (Appeals) upheld this order, leading the appellants to file an appeal seeking waiver of the penalty.

Issue 2:
The crux of the matter lies in the interpretation of rules governing the payment of duty through PLA or Cenvat credit. The appellants argued that the withdrawal of the fortnightly payment facility did not automatically mandate payment through PLA only and not through Cenvat credit. However, the Tribunal clarified that as per the Central Excise Manual Part V, "Account Current" refers to PLA, and an assessee debarred from fortnightly payment must discharge duty liability only through account current, not Cenvat credit. The appellants failed to comply with Rule 8(4) of the Central Excise Rules, 2001, by not discharging duty within the stipulated time.

Issue 3:
Regarding the withdrawal of the facility to pay duty on a fortnightly basis, the Tribunal noted that once this facility is withdrawn, the assessee must discharge duty only through account current and not through Cenvat credit. Upholding the lower authority's orders in this regard, the Tribunal emphasized that the appellants contravened Rule 8(4) and were rightly required to pay duty through PLA consignment-wise.

In conclusion, the Tribunal observed that while the penalty imposed was excessive considering all factors, the appellants had paid the duty and interest demanded. Consequently, the penalty was reduced from Rs. 1,00,000/- to Rs. 35,000/-. The appeal was partly allowed, and the stay application along with the appeal was disposed of.