2014 (7) TMI 739 - HC - Central Excise

Personal penalty on employee / Director for availing inadmissible Cenvat Credit by the company - Rule 26 of the Central Excise Rules, 2002 - tribunal set aside the penalty - Held that - when all the penalties on the company have been deleted by observing that there is no material to even prima facie suggest that there was any fraud or collusion or willful misstatement or suppression of facts or controversy of the provisions of the Act or the Rules on the part of the assessee with intent to evade payment of duty, personal penalties are not justified. - Decided in favor of appellant.s

Summary

Issues:
Proceedings under the Central Excise Act, 1944 - Recovery of Cenvat Credit of service tax - Recovery of interest and penalty - Imposition of penalties on individuals - Appeals against the order passed by the Commissioner of Central Excise - Appeal to the Customs, Excise, Service Tax Appellate Tribunal - Setting aside of penalties by the Tribunal - Tax appeals challenging the Tribunal's decision on penalties.

Analysis:
The Commissioner of Central Excise initiated proceedings under the Central Excise Act against a company and individuals for availing and utilizing Cenvat Credit of service tax. The company was directed to show cause regarding the recovery of the Cenvat Credit amount and imposition of interest and penalties. The adjudicating authority passed an order for the recovery of Cenvat Credit, interest, and penalties from the company and imposed penalties on the individuals. The company and individuals appealed to the Tribunal, which partly allowed the appeals by quashing the demand for Cenvat Credit, interest, and penalties. The Revenue appealed against the Tribunal's decision regarding the penalties imposed on the individuals.

The Tribunal observed that there was no fraud or willful misstatement by the company in utilizing the Cenvat Credit, and the procedural irregularity was considered sympathetically. The Tribunal noted that the company did not gain any extra benefit and the exercise was revenue-neutral. The Tribunal set aside the demand for Cenvat Credit, interest, and penalties based on the lack of legal requirements for credit allocation. The Division Bench confirmed the Tribunal's decision on penalties imposed on the company.

The Revenue challenged the Tribunal's decision on penalties imposed on the individuals. The Division Bench confirmed the decision on penalties imposed on the company, noting the absence of evidence suggesting fraud or intent to evade duty. Consequently, the tax appeals against the Tribunal's decision on penalties for individuals were dismissed, as there was no material indicating fraudulent behavior by the company or individuals.