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TMI Blog2010 (1) TMI 229X X X X Extracts X X X X X X X X Extracts X X X X ..... Tax Appellate Tribunal, West Zonal Bench, Mumbai (CESTAT for short) directing the petitioners Mr. Ashokkumar and Mr. Daulatkumar to pre-deposit 25% of the penalty imposed on each of them, they being the directors of M/s. Harisons Steel Pvt. Ltd. Submissions: 4. Learned counsel for the petitioners, in short, submits that imposition of personal penalty on the director is not permissible under Rule 13(1) of Cenvat Credit Rules, 2002 (Cenvat Rules for short) as this rule contemplates penalty only on the person availing credit. In the case in hand, person, who has availed Cenvat credit, is a private limited company and not the directors of the company. The petitioners are the directors, who did not avail this credit. In the submission of lear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is supplied.) 7. The aforesaid rule opens with the wording if any person, takes CENVAT credit ...... These words are indicative of the fact that the penalty is imposable on the person who takes Cenvat credit. In other words, the person who has availed CENVAT credit is the only person liable to be visited with the penalty. None of the petitioners has availed CENVAT credit. It is availed by the Company alone; where the petitioners are directors. Therefore, the penalty under Rule 13(1) of the Cenvat Rules is imposable only on the person who has availed Cenvat credit i.e. on the Company, who is a manufacturer. The petitioners cannot be said to be manufacturer availing Cenvat credit. They are the directors of the private limited company as such ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ise has not been levied or paid or has been short-levied or short-paid or erroneously refunded by reason of fraud, collusion or any willful mis-statement or suppression of facts, or contravention of any of the provisions of this Act or of the rules made thereunder with intent to evade payment of duty, by such person or his agent. The provisions of this sub-section shall have effect, as if for the words one year, the words five years were substituted; (Emphasis supplied) 9. Perusal of the aforesaid proviso would demonstrate that even the agent is brought within the purview of the legislative net. In contrast to the above, Rule 13 of the Cenvat Rules brings within its fold only that person who takes Cenvat credit and no other person. 10. O ..... X X X X Extracts X X X X X X X X Extracts X X X X
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