2012 (5) TMI 224 - AT - Central Excise

Cenvat Credit - Collection of amount @8% or 10% on exempted goods - Demand under Section 11D of the Central Excise Act, the amounts so recovered are liable to be deposited to the credit of the Central Government Held that - assessee has paid 8% / 10% of the value of the exempted goods by reversing the Cenvat credit account, demand for the recovery of interest under Section 11DD of the said Act, has also no legal basis and is accordingly set aside, penalty under Rule 27 of CER, 2002 is also not legally sustainable

Summary

Issues:
1. Duty demand confirmation under Section 11D of Central Excise Act, 1944
2. Imposition of penalty under Rule 27 of Central Excise Rules, 2002

Analysis:
1. The appeal challenged an order confirming a duty demand, education cess, and penalty imposed by the Commissioner of Central Excise. The appellant, engaged in manufacturing electrical stampings and laminations, availed Cenvat credit on inputs used for both dutiable and exempted goods. Allegations stated that the appellant recovered an amount from customers for exempted goods, leading to a duty demand under Section 11D of the Central Excise Act, along with interest and penalty. The appellant argued that they did not recover the specified amount from the customer, citing a Tribunal decision where it was held that if the amount was paid to the Revenue and not retained by the assessee, Section 11D did not apply. The department conceded that the issue was covered by a previous Tribunal decision.

2. The Tribunal noted that the appellant had paid the required amount for exempted goods by reversing the Cenvat credit account, rendering Section 11D inapplicable, as established in the previous Tribunal decision. Consequently, the demand for excise duty, education cess, interest, and penalty were found to have no legal basis. The Tribunal set aside the duty demand, education cess, and penalty, allowing the appeal with any consequential relief. The judgment highlighted that the demands and penalties lacked legal grounds based on the interpretation of Section 11D and relevant precedents.

This comprehensive analysis of the judgment from the Appellate Tribunal CESTAT, Mumbai, demonstrates the legal issues, arguments presented, and the final decision rendered by the Tribunal, providing a detailed overview of the case and its implications.