2019 (5) TMI 811 - AT - Central Excise

Rectification of mistake - Demand of interest and penalty without appropriation of service tax - HELD THAT - Although the appellant has reversed the Cenvat credit, but there is no proposal for appropriation of the same. In that circumstance, there are no merit in the application for rectification of mistake filed by the Revenue - ROM application dismissed.

Summary

Issues involved:
Rectification of mistake in the order regarding reversal of Cenvat credit and imposition of penalty.

Analysis:

Rectification of Mistake in the Order:
The Revenue filed an application for rectification of mistake in the order passed by the Tribunal on 13/12/2018, contending that the amount of reversal of Cenvat credit by the appellant had already been reversed, and thus, not demanded. The Tribunal examined the issue and held that since there was no demand, the demand of penalty and imposition of penalty were not sustainable. The Tribunal emphasized that although the appellant had reversed the Cenvat credit, there was no proposal for appropriation of the same. Therefore, the Tribunal dismissed the application for rectification of mistake filed by the Revenue.

Imposition of Penalty:
The crux of the issue revolved around the reversal of Cenvat credit and its impact on the imposition of penalty. The Tribunal carefully considered the arguments presented by the learned A.R. and concluded that the absence of a proposal for the appropriation of the reversed Cenvat credit rendered the demand of penalty and the imposition of penalty unsustainable. The Tribunal's decision was rooted in the principle that in the absence of a demand, penalties cannot be levied. This analysis underscores the importance of procedural compliance and the necessity for a clear proposal for appropriation to support any penalty imposition.

This judgment highlights the significance of adherence to procedural requirements and the need for a clear demand before imposing penalties. The Tribunal's decision serves as a reminder of the importance of proper documentation and compliance in matters related to Cenvat credit reversal and penalty imposition.