2025 (2) TMI 678 - AT - Central Excise

Levy of penalty u/r 26(2) of the Central Excise Rules 2002 - Clandestine removal - sale invoices supplied by the appellants without actual despatch/receipt of goods - HELD THAT - The adjudged demands against the duty evasion having been confirmed against the main noticee SPPL the issue in respect of duty evasion and consequent confirmation of demands in this case has become final. In this context it is found that legal provisions under Rule 26(2) of Central Excise Rules 2002 clearly provide that any person who issues an excise duty invoice without delivery of the goods on the basis of which the main noticee SPPL had taken ineligible CENVAT credit shall be liable to a penalty not exceeding the amount of such benefit or five thousand rupees whichever is greater. On careful reading of the documents on record it is noticed that the appellants have admitted that they had issued the documents extending CENVAT credit to the manufacturer without supply of inputs in a few cases. Considering the overall duty evasion involved in the present case the penalty imposed on the appellants in the present case is in accordance with the provisions of the Rule 26(2) ibid. The gravity of the offence involved in issue of such invoice or abetting does not gets diluted as the adjudged demands against duty evasion has become final. Conclusion - The penalty imposed on the appellants for issuing excise duty invoices without delivering goods was justified based on their admission and the gravity of the offense. Appeal dismissed.

Summary

The issues presented and considered in the legal judgment are as follows:1. Whether the penalty imposed on the appellants under Rule 26(2) of the Central Excise Rules, 2002 is justified given the circumstances of the case.2. Whether the appellants' actions of issuing excise duty invoices without the delivery of goods warrant the penalty imposed.The detailed analysis of the issues is as follows:Relevant legal framework and precedents:- Rule 26(2) of the Central Excise Rules, 2002 provides for penalties for issuing excise duty invoices without the delivery of goods.- The duty evasion and penalties imposed on the main noticee, SPPL, were confirmed in the Order-in-Original dated 12.09.2019.Court's interpretation and reasoning:- The Court noted that the duty demands against SPPL had become final as there were no orders setting aside or rejecting the confirmed demands.- The penalty imposed on the appellants under Rule 26(2) was considered in light of their admission of issuing documents extending CENVAT credit without supplying inputs.- The Court emphasized the gravity of the offense and the fact that the penalty was in accordance with the provisions of Rule 26(2).Key evidence and findings:- The appellants admitted to issuing documents extending CENVAT credit without supplying inputs in some cases.- The transport records submitted by the appellants were not examined by the Commissioner (Appeals).Application of law to facts:- The Court applied Rule 26(2) to the appellants' actions of issuing invoices without delivering goods, which led to the main noticee availing ineligible CENVAT credit.- The Court considered the overall duty evasion involved in the case in upholding the penalty.Treatment of competing arguments:- The appellants argued that the penalty was unjustified as they did not receive goods from SPPL for certain consignments and that the transport records were not examined.- The Court found that the penalty was justified based on the appellants' admission and the gravity of the offense.Significant holdings:- The Court upheld the penalty imposed on the appellants under Rule 26(2) of the Central Excise Rules, 2002.- The appeals filed by the appellants were dismissed based on the findings and reasoning provided in the judgment.In conclusion, the Court found that the penalty imposed on the appellants for issuing excise duty invoices without delivering goods was justified based on their admission and the gravity of the offense. The appeals filed by the appellants were dismissed accordingly.