2012 (12) TMI 299 - AT - Central Excise

Cenvat credit alleged that appellant wrongly availed cenvat credit Held that - Appellant is not disputing the improper/ineligible Cenvat credit availed - reversed the amount of Cenvat credit - appellant is allowed to pay 25% of the amount of the ineligible Cenvat credit which has been reversed by him as penalty under Section 11AC subject to the condition that he pays the amount of interest on irregularly availed Cenvat credit and also the 25% of the amount as penalty

Summary

Issues involved:
Waiver of pre-deposit of confirmed amounts, eligibility of Cenvat credit, interest liability, penalty under Section 11AC of the Central Excise Act, 1944.

Analysis:
The appellant filed a stay petition seeking the waiver of pre-deposit of amounts confirmed by the adjudicating authority and upheld by the first appellate authority. The Tribunal found that the appeal could be disposed of promptly due to its narrow scope. The primary issue revolved around the ineligible Cenvat credit availed by the appellant, which was identified during a review by Revenue authorities. The appellant had already reversed the Cenvat credit amount of Rs. 2,54,420 before the issuance of the show cause notice, as evident from their records. Both lower authorities had imposed interest liability and an equivalent penalty on the appellant.

Upon reviewing the case records, the Tribunal noted that the appellant did not contest the improper/ineligible Cenvat credit availed. Given that the appellant had reversed the amount, it was deemed mandatory for them to pay interest on the improperly availed Cenvat credit as per Rule 14 of the Cenvat Credit Rules, 2004. The Tribunal held the appellant accountable for paying interest on the irregularly availed Cenvat credit amount that had been reversed.

Regarding the penalty, the Tribunal considered granting the appellant the benefit of Section 11AC of the Central Excise Act, 1944. This section allows for a penalty amounting to 25% of the duty, provided the appellant pays the interest and the penalty within thirty days of the order receipt. Consequently, the appellant was permitted to pay 25% of the ineligible Cenvat credit amount as penalty under Section 11AC, subject to fulfilling the condition of paying the interest and penalty within the stipulated timeframe. The Tribunal concluded by disposing of the stay and appeal in accordance with the aforementioned decisions.