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2009 (3) TMI 393 - AT - Central ExciseCredit on inputs procured from EOU Quantum of credit for application of the formula to vaail credit assessessable value of goods cannot be held to be inclusive of BCD (basic customs duty) as contended by the appellant - Appellant submits that the entire credit was taken on records on the basis of the invoices issued by M/s. Reliance Industries Ltd. and there was no mala fide on their part. The issue involved is of a legal interpretation of the provisions of Rule 3(7) and as such the imposition of penalty upon them was not justifiable. I agree with the above submissions of the appellant. The issue being of technical nature involving interpretation of law and the entire credit having been reflected by the appellant in their statutory records the appellant cannot be held guilty of any mala fide thus invoking any penal action against them. Accordingly while confirming the demand of duty I set aside the penalty imposed
Issues: Interpretation of formula for availing credit under Cenvat Credit Rules regarding assessable value and imposition of penalty for excess credit availed.
In this judgment by the Appellate Tribunal CESTAT, Ahmedabad, the appellant, engaged in manufacturing PP Fabrics and woven sacks, procured PP granules from a 100% EOU, M/s. Reliance Industries Ltd., from May 2007 to June 2008. The granules were cleared by M/s. Reliance Industries Ltd. after paying countervailing duty, Education Cess on countervailing duty, Education Cess on Cenvat, and Senior and Higher Education Cess on Cenvat. The dispute arises from the interpretation of the formula for availing credit under Rule 3 of Cenvat Credit Rules, specifically regarding the assessable value denoted by factor 'X'. The appellant contends that factor 'X' should include value plus basic customs duty to claim higher Modvat credit. However, the lower authorities rejected this argument, leading to the appeal. The Tribunal discussed the formula for availing credit under Rule 3 of Cenvat Credit Rules, emphasizing the calculation method involving factor 'X'. The Tribunal reiterated the formula: "50% of ['X' multiplied by {(1 + BCD/100) X (CVD/100)}]". The Tribunal explained the step-by-step process for solving the equation, highlighting the need to open internal brackets first, followed by solving the second bracket and then the last bracket. The Tribunal clarified that 'X' cannot be considered inclusive of basic customs duty (BCD) as argued by the appellant. Consequently, the excess credit availed by the appellant, amounting to Rs. 1,76,627/-, was upheld by the Tribunal. Regarding the imposition of penalty for the excess credit availed, the appellant argued that the credit was based on invoices issued by M/s. Reliance Industries Ltd., without any mala fide intention. The Tribunal agreed with the appellant, stating that the issue involved a technical interpretation of the law. Since the appellant had recorded the entire credit in their statutory records, no mala fide action was found. Therefore, the Tribunal set aside the penalty imposed on the appellant while confirming the duty demand. The appeal was disposed of based on the above terms, with the Tribunal pronouncing the judgment in court.
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