2018 (5) TMI 869 - AT - Central Excise

Liability of interest and penalty - CENVAT credit attributable to the inputs which were for other purposes than manufacture reversed - Held that - Hon ble High Court of Andhra Pradesh in the case of Bharat Dynamics Limited 2015 (12) TMI 808 - ANDHRA PRADESH HIGH COURT will cover the issue in favour of the appellants herein, in respect of interest, where it was held that interest need not be charged only for the purpose of taken the CENVAT credit - interest set aside. Penalty u/r 15 of the CCR 2004 - Held that - the said rules cannot be invoked on the facts of this case as appellant themselves have reversed the CENVAT credit availed by them on the inputs which were used for other purposes - penalty set aside. Appeal allowed - decided in favor of appellant.

Summary

Issues:
Challenge against demand of interest and penalty imposed by the adjudicating authority.

Analysis:
The appeal was filed against Order-in-Original No. VIZ-CEX-001-COM-001-12, dated 09.01.2012. The appellant contested the demand of interest and penalty imposed by the adjudicating authority. It was revealed that the appellants had availed cenvat credit on inputs received during January 2008 to April 2011, some of which were used for purposes other than manufacturing. The appellants voluntarily reversed the cenvat credit related to these inputs used for non-manufacturing purposes. The adjudicating authority confirmed the demands for interest and imposed penalties based on legal principles.

The appellant argued that interest should not be charged as they had voluntarily reversed the cenvat credit, citing judgments from the Hon'ble High Courts of Andhra Pradesh and Madras. The appellant also contended that penalties should not apply since they had reversed the amount on their own. The appellant referenced a circular by CBEC accepting the judgment of the Hon'ble High Court of Andhra Pradesh in a similar case.

The Departmental Representative supported the findings of the lower authorities. The Tribunal carefully considered the arguments from both sides and noted that the challenge in this case revolved around the interest and penalty imposed. The Tribunal acknowledged that the appellants had voluntarily reversed the cenvat credit for inputs used for non-manufacturing purposes. Citing the judgment of the Hon'ble High Court of Andhra Pradesh, the Tribunal ruled in favor of the appellants regarding the interest issue.

Regarding the penalty, the Tribunal found that it was imposed under Rule 15 of the Cenvat Credit Rules, 2004. However, since the appellants had voluntarily reversed the cenvat credit on inputs used for non-manufacturing purposes, the Tribunal concluded that the penalty was unwarranted and should be set aside. Consequently, the impugned order was set aside to the extent challenged before the Tribunal, and the appeal was allowed. The judgment was pronounced in open court on 25.04.2018.