2005 (9) TMI 160 - AT - Central Excise

Summary

Issues:
1. Reversal of Modvat input credit on mistaken belief
2. Imposition of personal penalty for not following proper procedure
3. Appeal against the order of the Commissioner (Appeals) regarding reversal entry of credit

Analysis:
1. The appellants exported their product under the DEEC scheme and initially reversed the Modvat input credit on a mistaken belief. However, upon clarification from trade and revenue, they reversed the entry in their Modvat account in the same month and informed the revenue. The Assistant Commissioner acknowledged that the Modvat credit was available to the appellants but imposed a personal penalty of Rs. 5,000 for not following the proper procedure. The Commissioner (Appeals) allowed the appeal filed by the appellants, setting aside the personal penalties. However, the Commissioner also allowed the appeal filed by the revenue, stating that the reversal entry of credit was made without documents, which was not available to the appellants. This order was challenged before the Appellate Tribunal.

2. During the proceedings, it was established that there was no dispute about the admissibility of the Modvat credit, which was initially taken by the appellants based on proper modvatable invoices. The Tribunal noted that the debit entry made by the appellants in their records was reversed by them, and in such cases, no additional documents were required. The Tribunal found that the grounds on which the Commissioner (Appeals) held against the appellants were outside the scope of the show cause notice and adjudication proceedings, making it unjustifiable. Consequently, the Tribunal set aside the impugned order and allowed both appeals, providing consequential relief to the appellants.

This judgment highlights the importance of following proper procedures in availing credits and the significance of providing justifiable grounds for imposing penalties. It also emphasizes the necessity of clear documentation and adherence to procedural requirements in trade-related matters to avoid disputes and ensure fair adjudication.