2013 (11) TMI 1146 - AT - Central Excise

Irregular availment of cenvat credit on various inputs - Waiver of Pre-deposit Penalty under Rule 15 of Cenvat credit rules, 2004 - Assessee contended that Bolder Slag is a by-product and non-excisable and they are not required to pay an amount equal to 10% of the product price demanded from them Relying upon Tata Metaliks Ltd. vs. Commissioner, C. Ex., Kolkata-II 2002 (10) TMI 179 - CEGAT, KOLKATA - Granulated Slag generated in the process of manufacture of pig iron is not excisable - these products became excisable for the first time w.e.f. 10.05.2008 - the applicant has been able to make out a strong prima facie case for total waiver of the condition of pre-deposit of duty demand, interest and penalty stay granted

Summary

Issues: Application for waiver of demand, interest, and penalty under Rule 15 of CENVAT Credit Rules, 2004.

Analysis:
1. The application sought waiver of a demand amounting to Rs.77,483/- along with interest and imposition of an equal amount of penalty under Rule 15 of CENVAT Credit Rules, 2004.
2. The appellant argued that they irregularly availed CENVAT Credit for the period November 2006 to May 2007 on various inputs, specifically Bolder Slag, which was non-excisable during that time. They contended that they should not be required to pay 10% of the product price demanded from them since Bolder Slag only became excisable after an amendment in May 2008.
3. The Revenue, represented by the A.R., maintained the contentions of the lower authorities, stating that the appellant had shown the quantity of Bolder Slag generated in their ER-1 and had agreed to pay the amount from the date of the amendment.
4. The Tribunal referred to a previous ruling in the case of Tata Metaliks Ltd. vs. Commissioner, C. Ex., Kolkata-II, where it was held that Granulated Slag generated in the manufacture of pig iron was not excisable until it became so in May 2008. Considering this, the Tribunal found that the appellant had a strong prima facie case for total waiver of the duty demand, interest, and penalty. Consequently, the Stay Petition was allowed, and the pre-deposit of the amounts adjudged, along with interest and penalty, was waived, with recovery stayed during the pendency of the Appeal. The Appeal was directed to be listed in due course.